HomeMy WebLinkAboutSE202100036 Staff Report 2022-09-09COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE: AGENDA DATE:
SP201900009 S.L. Williamson Replacement Asphalt January19, 2022
Plant Special Use Permit
SUBJECT/PRO POSAL/REQU EST:
Request for a special use permit to allow an
asphalt mixing plant in the Natural Resources
Extraction Overlay Zoning District under County
Code § 18-30.4.02.2 (2). Associated request
(SE202100036) for a special exception to County
Code § 18-4.2.3 (b) to disturb critical slopes
slopes. Associated request (SE202100037) for a
special exception to County Code § 18-4.2.2 (a)(2)
to waive building site area and dimension
requirements. No dwelling units proposed.
SCHOOL DISTRICT:
Monticello High School, Walton Middle School, Red
Hill Elementary School
BACKGROUND:
STAFF CONTACT(S):
Filardo, Rapp, Maliszewski, Langille
PRESENTER (S):
Cameron Langille, Principal Planner
At its meeting on December 7, 2021, the Planning Commission (PC) voted 6:0 to recommend approval of
SP201900009 with conditions 1, 3, 4, and 5 as stated in the staff report and a recommendation to remove
condition 2.
The PC recommended approval of the two special exception applications, SE202100036 and
SE202100037, associated with the special use permit by a vote of 6:0.
Attachments A, B, and C are the PC staff report, action letter, and meeting minutes.
DISCUSSION:
The PC raised no objections to the S.L. Williamson Replacement Asphalt Plant special use permit
request. However, the PC raised concerns with condition #2 recommended by staff which states "Use of
the asphalt plant authorized by this special use permit will expire when the adjacent quarry is no longer in
operation." The PC discussed several scenarios that could be problematic if condition #2 were imposed
on the asphalt plant use. For example, the condition would result in expiration of approval for the asphalt
plant use if the quarry were to cease operations for a short period of time due to a change in ownership.
Therefore, the PC recommended that condition #2 be removed entirely.
No members of the public spoke at the public hearing for this proposal.
Staff has revised the proposed conditions for SP2019-09 to reflect the Commission's recommendation
and these are reflected in Attachment D. The original condition #2 recommended by staff has been
removed. The remaining conditions that were recommended for approval by the PC have been
renumbered (1-4).
RECOMMENDATIONS:
Staff recommends that the Board:
1) adopt the attached Resolution to approve the special use permit request, subject to the conditions
attached thereto (Attachment E);
2) adopt the attached Resolution to approve the critical slopes special exception request
(Attachment F); and
3) adopt the attached Resolution to approve the special exception request to waive building site
area and dimension requirements (Attachment G).
ATTACHMENTS:
A — December 7, 2021 Planning Commission Staff Report
Al: SP2019-09: Application
A2: SP2019-09: Vicinity Map
A3: SP2019-09: Narrative
A4: SP2019-09: Concept Plan
A5: SP2019-09: FEMA Letter of Map Revision Approval
A6: SP2019-09: SE2021-36 Critical Slopes Waiver Request
AT SP2019-09: SE2021-37 Building Site Area and Dimensions Waiver Request
A8: SP2019-09: Carbon Emissions Reduction Estimates
A9: SP2019-09: SE2021-36 County Engineer Analysis of Critical Slopes Waiver
B - December 7, 2021 Planning Commission Action Letter
C — December 7, 2021 Planning Commission Minutes
D — SP2019-09 Revised Conditions as Recommended by the Planning Commission
E — Resolution to Approve SP201900009
F — Resolution to Approve SE202100036
G — Resolution to Approve SE202100037
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Proposal: SP201900009 S.L. Williamson
Staff: Cameron Langille, Principal Planner
Replacement Asphalt Plant
Planning Commission Public Hearing:
Board of Supervisors Hearing:
December 7, 2021
TBD
Owner: Martin Marietta Materials Inc. Go Jeff
Applicant: S.L. Williamson Company
Pannebaker
Acreage: 4.4 acres (portion of 579.13-acre parcel)
Special Use Permit for:
Asphalt mixing plant use in the Natural Resources
Extraction Overlay Zoning District under Zoning
Ordinance Section 18-30.4.02.2 2
TMP: 08800-00-00-01800
By -right use: RA Rural Area - agricultural,
Location: 2625 Red Hill Road, North Garden, VA
forestal, and fishery uses; residential density (0.5
22959
unitlacre in development lots)
Magisterial District: Samuel Miller
Conditions: Yes EC: No
Proposal: Request for replacement of an existing
Requested # of Dwelling Units: None
asphalt mixing plant on a 4.4. acre portion of a
579.13-acre parcel. Application includes two special
exceptions to disturb critical slopes and waive
building site requirements.
DA: RA: X
Comp. Plan Designation: Rural Area — preserve
and protect agricultural, forestal, open space, and
natural, historic, and scenic resources; residential
(0.5 unit/acre in development lots) in Rural Area 4
of the Comprehensive Plan
Character of Property:
Use of Surrounding Properties:
The area subject to the proposed special use permit
Surrounding properties are zoned for Rural Area
is 4.4 acres of cleared land leased to the S. L.
uses. Abutting properties to the east are developed
Williamson Company at the southwest comer of the
as rural area single-family detached residences.
579-acre parcel. The lease area is the home of the
Abutting properties to the north are primarily
company's Red Hill asphalt mixing plant and its
undeveloped and heavily wooded. Abutting
associated equipment and vehicular access. The
properties to the northwest feature some single -
larger parcel is commonly known as the Red Hill or
family detached residences and undeveloped
Martin Marietta quarry. Mining operations with
vegetated parcels. Properties immediately to the
heavy mechanical equipment and associated
west of 4.4-acre special use permit area are owned
structures are located in the south-central portion of
by Martin Marietta, 1.2 acres of which is currently
the parcel. Approximately 350 acres in the north,
leased to the S.L. Williamson Company. The
northwest, and eastern portions of the parcel are
southern boundary of the property borders Red Hill
wooded and unaffected by the mining operations.
Road, and parcels on the south side of Red Hill
Road consist of undeveloped land and rural area
residences.
Factors Favorable:
Factors Unfavorable:
1. The proposed use is consistent with the
1. The proposed use is not entirely consistent
purpose and intent of the Natural Resources
with the Rural Area land use
Overlay Zoning District.
recommendations from Chapter 7 of the
Comprehensive Plan.
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Planning Commission I December 7, 2021
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2. The proposed use will not create substantial
detriment to adjacent properties.
3. The proposed use is consistent with the
character of the nearby area.
4. The proposed use is consistent with many
recommendations from the Natural Resources
and Economic Development chapters of the
Comprehensive Plan.
Recommendation: Staff recommends approval of SP201900009 S.L. Williamson Replacement Asphalt
Plant with conditions. Staff recommends approval of the Special Exception requests, SE202100036 and
SE202100037.
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Planning Commission I December 7, 2021
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STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
PETITION:
Cameron Langille, Principal Planner
December 7, 2021
TBD
PROJECT: SP201900009 S.L. Williamson Replacement Asphalt Plant
MAGISTERIAL DISTRICT: Samuel Miller
TAX MAP/PARCEL: 08800-00-00-01800
LOCATION: 2625 Red Hill Road
PROPOSAL: Request for approval of a special use permit to replace aging facilities of an
existing asphalt mixing plant with modern equipment.
PETITION: Asphalt mixing plants within the Natural Resource Overlay District under Section
30.4.02.2 (2). No dwelling units proposed. Application includes special exceptions to disturb
critical slopes, and waive building site requirements.
ZONING: RA Rural Area - agricultural, forestal, and fishery uses; residential density (0.5
unit/acre in development lots).
OVERLAY DISTRICT: FH — Flood Hazard Overlay; NR Natural Resource Extraction Overlay —
overlay to allow natural resource extraction.
COMPREHENSIVE PLAN: Rural Area 4 — preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources; residential (0.5 unit/acre in development lots).
CHARACTER OF SURROUNDING AREA:
Surrounding properties are zoned for Rural Area uses. Properties to the east, north, and south
feature a mix of undeveloped land that is heavily vegetated and some single-family detached
homes. Properties immediately west of the 4.4-acre special use permit area are undeveloped.
Attachment 2 provides an aerial map of the subject property and surrounding areas.
PLANNING AND ZONING HISTORY:
FDP202000005 S.L. Williamson Replacement Asphalt Plant Floodplain Development Permit:
On July 20, 2021, FEMA approved a Letter of Map Revision to the FEMA Floodplain located on
and adjacent to the property. This was processed through the County as a Floodplain
Development Permit (FDP) application.
DETAILS OF THE PROPOSAL:
The applicant, S.L. Williamson Company, is requesting a special use permit to replace an
existing asphalt mixing plant on a 4.4-acre portion of Tax Map Parcel (TMP) 08800-00-00-
01800, which the company leases from Martin Marietta Materials, Inc.
Several businesses lease portions of the property for mining activities, including the S.L.
Williamson Company. The property is commonly referred to as the Martin Marietta Red Hill
Quarry. S.L. Williamson's current on -site activities include the production of plant mix asphalt
that is sold and used for road paving and construction. The existing machinery and facilities
within TMP 88-18 that belong to the S.L. Williamson operation are located at the southwestern
corner of the property, north of Red Hill Road (State Route 708).
As stated in the applicant's Project Narrative, contained in Attachment 3, the S.L. Williamson
Company is a private asphalt paving business that has served a variety of private and public
sector customers throughout central Virginia for more than 60 years. The existing asphalt mixing
plant is a legal nonconforming use that has been in operation at its current location since 1969.
Asphalt mixing plants are allowed in the Natural Resources Extraction Overlay District through
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approval of a special use permit application. Since no special use permits have previously been
approved by Albemarle County for this specific use, a new special use permit is required to
replace the existing structures/equipment.
The applicant proposes a drum mix plant to be located in the same area as the existing asphalt
mixing plant. The "drum mix plant" features different equipment from the existing "batch plant"
type, with a variety of mixing drums, silos, and conveyors that will transport and store materials
throughout the mixing process. See Attachment 3 for the Applicant's narrative. Other
improvements include new travel aisles that will allow vehicular access to the mixing operation.
All of the structures and improvements proposed with this special use permit are illustrated on
the concept plan, Attachment 4.
The western side of the 4.4-acre special use permit area also features a Water Protection
Ordinance (WPO) stream buffer. This buffer extends 100' around the centerline of an unnamed
stream that flows to the south and into the North Fork Hardware River, which is located across
Red Hill Road to the south of TMP 88-18. The layout of the replacement plant places vehicular
travel lanes and a stormwater detention basin in the WPO buffer. Section 17-604(A) of the
WPO authorizes the County Engineer to allow encroachments within the landward -most 50' of
the stream buffer. The applicant has worked with County staff to minimize the extent of
encroachments into the WPO buffer and has proposed landscaping to minimize soil erosion.
Further analysis is provided later in this report.
Portions of the 4.4-acre lease area are located within the Flood Hazard Overlay District. The
Flood Hazard Overlay District applies to land located within the 100-year floodplain as
established by the Federal Emergency Management Agency (FEMA) on official Flood Insurance
Rate Maps (FIRM). The applicant has obtained approval from FEMA for a Letter of Map
Revision (LOMR) that has revised the limits of the floodplain boundary (Attachment 5). Sheets
3-7 of the concept plan identify the previous FEMA FIRM floodplain limits (identified by gray
dashed lines), and the floodplain limits revised through the LOMR (identified by blue dashed
lines). Improvements associated with the special use permit request are proposed outside the
floodplain boundary established by the approved LOMR. Further analysis of this is provided
later in this report.
There are existing critical slopes (slopes greater than 25%) within the limits of the special use
permit area. As noted on the concept plan, these slopes have been created over the years
through placement of overburden (deposits of rock, soil, and/or minerals) associated with the
variety of industrial activities that occur on TMP 88-18. The applicant has requested a special
exception to waive the requirement of Section 18-4.2.3 (b) of the Zoning Ordinance to allow
disturbance of approximately 1,200 sq. ft. of critical slopes to install new equipment associated
with the asphalt mixing plant use. A detailed analysis of the critical slopes request is provided
later in this report.
There are two Special Exception applications under consideration as part of the special use
permit proposal. The application numbers and general information on each Special Exception
request are below. Detailed staff analysis of each request is provided later in this report.
• SE202100036 — Critical Slopes Waiver (Attachment 6)
The applicant is proposing to disturb 1,200 sq. ft. of critical slopes to install certain
improvements associated with the asphalt mixing plant. Section 18-4.2.3 (b) of the
Zoning Ordinance does not allow improvements to be installed over critical slopes
unless a waiver is granted under Section 18-4.2.5 of the Zoning Ordinance.
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• SE202100037 Building Site Area and Dimensions Waiver (Attachment 7)
Section 18-4.2.2(a)(2) requires developments subject to Section 32 of the Zoning
Ordinance to be located within a building area "measuring 30,000 square feet or greater
and shall be of such dimensions that no one dimension exceeds any other by a ratio of
more than five to one as described by a rectangle inscribed within the building site." The
proposed building site dimensions for the asphalt mixing plant do not meet the 5:1 ratio
required by the Zoning Ordinance.
COMMUNITY MEETING:
A community meeting was held on December 19, 2019 at Red Hill Elementary School. The
applicant provided a detailed explanation of the proposed replacement plant facilities and the air
and water quality benefits that would result, as well as the reduction in noise pollution. 5
community members attended, and no objections were expressed to the proposal. Community
members made comments in support of replacing the plant with modern equipment since it
would reduce noise, air, and water pollution.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Special Use Permits are evaluated under reasonable standards, based on zoning principles
which include the proposal's compliance with the Comprehensive Plan. Any impacts caused by
the proposal may be addressed through conditions and those conditions must be reasonably
related and roughly proportional to the impacts.
Section 33.8(A) states that the Commission, in making its recommendation, shall
consider the following factors:
1. No substantial detriment. Whether the proposed special use will be a substantial
detriment to adjacent parcels.
Traffic
The proposed asphalt mixing plant would be accessed via an existing private driveway that
enters TMP 18-88 from Red Hill Road. Staff from the Virginia Department of Transportation
(VDOT) and County transportation planning staff evaluated the request and determined that
it would yield no transportation impacts since it is consistent with the existing use.
As such, staff finds that traffic associated with the proposed use will not create substantial
detriment to adjacent parcels.
Sound/Visual
To maintain quiet and serene evening hours commonly associated with the rural areas, staff
recommends Condition #3 to limit the hours of operation for the asphalt plant. Additionally,
Conditions #4 and #5 will limit noise and lighting pollution associated with the replacement
plant, respectively. These conditions are similar to conditions applied to asphalt mixing
plants located elsewhere in the County that are within the Natural Resources Extraction
Overlay District.
With those conditions, staff find that the character of the adjacent parcels and nearby area
will not be changed by the proposed use.
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Z Character of the nearby area is unchanged. Whether the character of the adjacent
parcels and the nearby area will be changed by the proposed special use.
The character of the area will remain unchanged given that there is currently an asphalt
mixing plant in operation at the same location as the replacement plant under consideration.
3. Harmony. Whether the proposed special use will be in harmony with the purpose and
intent of this chapter,
The Albemarle County Zoning Ordinance states that the purpose and intent of the Rural
Area (RA) zoning district is the 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.
Asphalt mixing plants are not a permitted use within the RA Zoning District. However, TMP
88-18 is located within the Natural Resources Extraction Overlay Zoning District, which
allows asphalt mixing plants through approval of a Special Use Permit.
The nearest residential dwelling is located approximately 650 linear feet to the west of the
proposed replacement plant. Dense, mature vegetation covers most of the land between
these two areas. In conjunction with the recommended conditions on the special use permit,
adjoining residential properties would experience less noise and light impacts than what is
created by the existing asphalt mixing plant. Public health, safety, and welfare will be
enhanced by reducing air and water pollution through the installation of modernized mixing
plant equipment. This demonstrates that the replacement asphalt mixing plant is compatible
with adjoining properties that are zoned RA and can only be developed for low density
residential uses by -right.
As stated in Section 18-30.4.01 of the Zoning Ordinance, the purpose of the Natural
Resources Extraction Overlay District is "to provide for the utilization of spring water for off -
site consumption, sand, gravel, stone or other mineral deposits within the county in a
manner compatible with adjacent land uses." The mineral extraction activities that occur on
TMP 88-18 are permitted by -right in the overlay district. Most of the raw materials used in
the asphalt mixing process would be obtained from the existing quarry on the property. This
demonstrates that the asphalt mixing plant and adjacent mining activities on TMP 88-18 are
compatible land uses.
The Ordinance further explains that properties in the Natural Resources Extraction Overlay
District should not generate heavy truck traffic on streets that exist to primarily serve
residential areas. Trucking operations serving the replacement plant would utilize U.S.
Route 29 and Red Hill Road to access TMP 88-18. Route 29 is classified by VDOT as a
principal arterial road, and Red Hill Road is classified as a major collector. Therefore, the
use would not generate truck traffic on nearby secondary streets that only serve residential
uses.
For these reasons, staff finds that the replacement asphalt mixing plant is consistent with
the purpose and intent of the Zoning Ordinance. Staff recommends conditions #1 through
#5, which include performance standards, to ensure that the asphalt mixing plant will remain
in harmony with the purpose and intent of the Natural Resources Extraction Overlay District
and the Zoning Ordinance.
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Planning Commission I December 7, 2021
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...with the uses permitted by right in the district,
The subject property and surrounding properties are zoned Rural Areas. The replacement
asphalt mixing plant use will not restrict current or other by -right uses available on
surrounding properties.
...with the regulations provided in Section 5 as applicable,
There are no supplementary regulations for asphalt mixing plant uses.
...and with the public health, safety, and general welfare.
The hardware proposed with the replacement asphalt mixing plant would be an upgrade that
would produces less water, air, light, and noise impacts than the existing plant. The existing
mixing plant currently leaks dust during operations due to the age of the facility. The metal
has worn thin and has been patched over time. The new drum system will provide a greater
level of containment for dust generated by the plant. Any remaining potential impacts of the
proposed use on air and water quality and from light and noise pollution would be addressed
with recommended Conditions #3 — 5.
4. Consistency with the Comprehensive Plan. Whether the proposed special use will be
consistent with the Comprehensive Plan.
Chapters 4, 6 and 7 of the Comprehensive Plan provide guidance for evaluating this
proposal. The Rural Area Chapter (Chapter 7) of the Comprehensive Plan designates this
parcel, TMP 88-18, for Rural Area land uses. The intent of the Rural Area designation is to
allow uses that preserve and protect agricultural, forestal, open space, and natural, historic,
and scenic resources; and also to allow residential uses at a density of up to 0.5 acres per
dwelling unit. Land use recommendations of Chapter 7 focus on enabling an agricultural anc
forestal -based economy in conjunction with low -density residential uses. Non-residential
uses that would be consistent with this chapter include farmland, wineries, farmers markets,
timber production and similar uses that support the agricultural and forestry sectors. The
replacement asphalt mixing plant is not entirely consistent with the non-residential land uses
recommended in the Rural Areas by Chapter 7.
Chapter 4 focuses on the protection of sensitive environmental features and waterbodies in
Albemarle County. TMP 88-18 is located within the North Fork Hardware River Watershed,
which is not a water -supply watershed. Nearby streams drain into the Hardware River, which
belongs to the Middle James River Basin. Staff from the Engineering Division of the
Community Development Department and the Virginia Department of Health (VDH) have
reviewed this request and find that the replacement asphalt plant will be consistent with the
following objectives and strategies from Chapter 4:
• Objective 1: Ensure clean and abundant water resources for public health, business,
healthy ecosystems, and personal enjoyment by preventing shortages and
contamination;
No new buildings are proposed that would require installation of new private drinking
wells or septic systems. VDH staff have stated that the replacement asphalt plant will
not harm the drinking water table or create wastewater flow that would contaminate soil
and water systems.
SP201900009 S.L. Williamson Replacement Asphalt Plant
Planning Commission I December 7, 2021
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• Objective 2: Protect air quality;
The replacement plant will minimize production and emissions of dust and other
airborne particulates associated with mixing asphalt.
• Objective 3: Recognize the economic value of the County's mineral resources while
giving due consideration to the potential harm mineral extraction activities and
byproducts can have on human health and property values.
As mentioned earlier in the report, the mineral extraction activities that occur on TMP
88-18 are permitted by -right on the subject property by the Zoning Ordinance. Raw
materials used to mix the asphalt are obtained from the quarry located on TMP 88-18,
which supports the economic value of the County's mineral resources and associated
industries. Therefore, an asphalt mixing plant that is co -located with a by -right use in
the Natural Resources Extraction Overlay District is consistent with Objective #3a from
Chapter 4 of the Comprehensive Plan.
As stated elsewhere in the report and the application narrative, staff agrees with the
applicant's assertion that the proposed replacement plant would reduce risks to human
health and property values because of the modernized equipment. The replacement
mixing plant would generate less noise and dust and utilize cleaner energy sources
than the existing plant.
• Objective 4: Protect the biological diversity and ecological integrity of the County in
both the Rural Area and Development Areas; and Objective 6: Retain and improve
land cover near rivers and streams and protect wetlands.
The concept plan proposes new landscaping along the southern, western, and northern
perimeter of the lease area adjacent to the WPO stream buffer. No new land clearing is
proposed in order to install the replacement plant and its supporting structures. Grading
has been limited to not encroach into wetland areas located at the north end of the
lease area. Disturbance of these ecological features has been primarily avoided, and
mitigation measures have been proposed to further limit impacts associated with the
use. Engineering staff and the Natural Resources Manager from the Community
Development Department have evaluated the request and found that the use can be
carried out without adverse impacts on surrounding environmental resources and living
systems.
Relevant objectives to consider from Chapter 6 are as follows:
• Objective 1: Promote economic development activities that help build on the County's
assets while recognizing distinctions between expectations for the Development Areas
and the Rural Area.
Strategy #1e states "Encourage all businesses to adopt environmentally sustainable
business practices." Equipment upgrades included in the proposed replacement will
result in reduced air and water pollution. Furthermore, the applicant proposes to switch
from oil and diesel to natural gas for the mixing operation. The anticipated 51.23%
reduction (see Attachment 8) in carbon emissions resulting from this change is
consistent with environmental sustainability goals of the Comp Plan. Approval of the
special use permit will allow S.L. Williamson to continue its role in the County's
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economy while simultaneously utilizing more environmentally sustainable technology in
its operations.
SE2021-36 CRITICAL SLOPES WAIVER ANALYSIS
County Code Sections 18-4.2.3(b) and 18-4.2.5(a) allow for disturbance of critical slopes with
Board of Supervisors approval of a special exception, provided the findings in 18-4.2.5(a)(3) are
made. The County Engineer has reviewed the critical slopes waiver request and found it to be
consistent with the findings specified by Section 18-4.2.5 (a). Detailed analysis by the County
Engineer can be found in Attachment 9.
Staff recommends approval of the SE2021-36.
SE2021-37 BUILDING SITE AREA AND DIMENSIONS WAIVER ANALYSIS
The replacement asphalt mixing plant does not meet the rectangular shape requirements and
5:1 dimension ratio specified by Section 18-4.2.2 (a)(2). Under Section 18-4.2.2 (a)(3), these
requirements can be waived or modified by the Board of Supervisors with the recommendation
of the VDH if the applicant provides information that:
(i) the parcel has an unusual size, topography, shape, location or other unusual
physical condition;
The building site within the 4.4-acre lease area subject to the proposed special use
permit is rectangular in shape and meets the minimum 30,000 sq. ft. area
requirement. However, it measures 34' wide (on average) by 784.' The proposed
dimensions exceed the 5:1 ratio limitation required by the Zoning Ordinance. See
Sheet 2 of Attachment 4 for the building site boundaries.
As shown on the concept plans for the special use permit, TMP 88-18 has unusual
topography, shape, and other physical conditions. WPO stream buffers, wetlands,
and the Flood Hazard Overlay District to the west and north, constrain the possible
width of the building site. Requiring a wider width would necessitate expanded earth
disturbing activities that would encroach into sensitive environmental areas.
(ii) no reasonable alternative building site exists;
VDH staff have reviewed the special use permit and building site waiver request and
have stated that it is unlikely that an alternative building site exists on the property
within the vicinity of the replacement asphalt plant. This is due to existing critical
slopes, stream buffers, floodplain, shallow soil depths, and a lack of undisturbed soils
on all sides of the 4.4-acre lease area. VDH has no objections to the requested
waiver.
(iii) modifying or waiving the rectangular shape would result in less degradation of
the parcel or adjacent parcels than if those dimensions were adhered to.
The special use permit concept plan demonstrates that parking areas, asphalt mixing
plant, and material storage are all located within the proposed building site.
Requiring the width of the building site to be widened would result in encroachments
into WPO stream buffers, critical slopes, and possibly wetlands on TMP 88-18. In
order to reconfigure the project layout to meet the Ordinance requirements,
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encroachments into these features are highly likely, and would thus result in greater
degradation of the subject property.
Staff recommends approval of SE2021-37.
SUMMARY:
Staff find the following factors favorable to this request:
1. The proposed use is consistent with the purpose and intent of the Natural Resources
Overlay Zoning District.
2. The proposed use will not create substantial detriment to adjacent properties.
3. The proposed use is consistent with the character of the nearby area.
4. The proposed use is consistent with many recommendations from the Natural
Resources and Economic Development chapters of the Comprehensive Plan.
Staff find the following factors unfavorable to this request:
1. The proposed use is not entirely consistent with the Rural Area land use
recommendations from Chapter 7 of the Comprehensive Plan.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of the requested
special exceptions, SE202100036 and SE202100037.
Based on the findings contained in this staff report, staff recommends approval of the requested
SP201900009 with the following conditions:
CONDITIONS:
1. SP201900009 will be developed in general accord with the concept plan titled
"Proposed Layout Plan Special Use Permit SL Williamson Asphalt Plant @ Red Hill
Quarry." The Zoning Administrator may approve revisions to the concept plan to allow
compliance with the Zoning Ordinance;
2. Use of the asphalt plant authorized by this special use permit will expire when the
adjacent quarry is no longer in operation;
3. Hours of operation of the asphalt plant will be between 7:00 a.m. and 12:00 a.m.,
Monday through Sunday, provided that for no more than 90 days per year, the hours of
operation may be between 12:01 a.m. and 12:00 a.m., Monday through Sunday.
4. Sound and noise attenuation measures will be provided as necessary to comply with
the County's noise ordinance (section 18-4.18);
5. Plant site lighting will comply with the County's outdoor lighting ordinance (section 18-
4.17). Height of the asphalt plant and all associated structures will be limited to 80 feet
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Attach.
1:
SP2019-9:
Application
Attach.
2:
SP2019-9:
Vicinity Map
Attach.
3:
SP2019-9:
Narrative
Attach.
4:
SP2019-9:
Concept Plan
Attach.
5:
SP2019-9:
FEMA Letter of Map Revision Approval
Attach.
6:
SP2019-9:
SE2021-36: Critical Slopes Waiver Request
Attach.
7:
SP2019-9:
SE2021-37: Building Site Area and Dimensions Waiver Request
Attach.
8:
SP2019-9:
Carbon Emissions Reduction Estimates
Attach.
9:
SP2019-9:
SE2021-36 County Engineer Analysis of Critical Slopes Waiver
Request
SP201900009 S.L. Williamson Replacement Asphalt Plant
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Page 11 of 11
Application for
Special Use Permit
is
IMPORTANT: Your application will be considered INCOMPLETE until all of the required attachments listed on page 2
have been submitted with the appropriate signature on page 3. Also, please see the list on page 4 for the appropriate fee(s)
related to your application.
PROJECT NAME: (how should we refer to this application?) S.L. Williamson - Replacement Asphalt Plant
PROPOSAL/REQUEST: SUP for Asphalt Mixing Plant
ZONING ORDINANCE SECTION(S): Section 30.4.02.2.2
EXISTING COMP PLAN LAND USE/DENSITY: Rural Area
LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT:
2625 Red HIII Road
TAX MAP PARCEL(s): 88-18
ZONING DISTRICT: RA, NR, and FH
# OF ACRES TO BE COVERED BY SPECIAL USE PERMIT if a portion, it must be delineated on a plat):
Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. SP-
❑ YES ®NO
Are you submitting a preliminary site plan with this application?
❑ YES ® NO
Contact Person (Who should we call/write concerning this project?): Valerie Long, Williams Mullen
Address 321 East Main Street, Suite 400 City Charlottesville State VA Zip 22902
Daytime Phone (434) 951-5709 Fax # U) E-mail vlong@williamsmullen.com
Owner of Record Martin Marietta Materials, Inc. Go Marc Kmec, Area Manager
Address 1 Park West Circle, Suite 207 -City Midlothian State VA Zip 23114
Daytime Phone( 804) 671-7516 Fax # U
Applicant ( Who is the Contact person representing?): S.L. Williamson Company
Address PO Box 648
Daytime Phone( 434) 295-6137 Fax # (_)
E-mail marc.kmec@martinmarietta.com
city Charlottesville
State VA Zip 22902
blair@slwilliamson.com
Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers:
Yes - Parcels 88-9B, 88-11, 88-13, 88-13B, 88-18A, and 100-24A
FOR OFFICE USE ONLY SP#NC)IU -
Fee Amount $ Date Paid By who?
ZONING ORDINANCE
Concurrent review of Site Development Plan? YES_ NO
Receipt #
By:
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Special Use Permit Application Revised 2/28/2019 Page I of 5
REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE
OFFICIALLY SUBMITTED & DEEMED COMPLETE
® Application Signature Page
® One (1) completed & signed copv of the Checklist for a Special Use Permit.
® One (1) copv of the Pre -application Comment Form received from county staff
❑ One (1) copy of any special studies or documentation as specified in the Pre -application Comment Form
m Seventeen (17) folded copies of a Conceptual Plan.
® Seventeen (17) copies of a written narrative
The narrative must be laid out to identify each of the bulleted TITLES as follows:
PROJECT PROPOSAL
The project proposal, including
• its public need or benefit;
• how the special use will not be a substantial detriment to adjacent lots,
• how the character of the zoning district will not be changed by the proposed special use, and
• how the special use will be in harmony with the following;
o the purpose and intent of the Zoning Ordinance,
o the uses permitted by right in the zoning district,
o the regulations provided in Section 5 of the Zoning Ordinance as applicable, and
o the public health, safety and general welfare.
(be as descriptive as possible, including details such as but not limited to the number of persons involved in
the use, operating hours, and any unique features of the use)
The proposed project's consistency with the comprehensive plan, including the land use plan and the master
plan for the applicable development area;
The proposed project's impacts on public facilities and public infrastructure.
IMPACTS ON ENVIRONMENTAL FEATURES
The proposed project's impacts on environmental features.
® One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s)
composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed
project, both of which shall include a metes and bounds description of the boundaries.
m Taxes, charges, fees, liens owed to the County of Albemarle
As the owner/agent 1 certify that any delinquent real estate taxes, nuisance charges, stormwater management utility
fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle
and have been properly assessed against the subject property, have been paid.
PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF
LINKED HERE
Special Use Permit Application Revised 201/2019 Page 2 of 5
APPLICATION SIGNATURE PAGE
If the person signing the application is someone other than the owner of record, then a signed copy of the
"CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE
LANDOWNER" form must be provided in addition to the signing the application below. (page 5)
Owner/Applicant Must Read and Sign
By signing this application, I hereby certify that I own the subject property, or have the legal power to act on behalf of
the owner of the subject parcel(s) listed in County Records. I also certify that the information provided on this
application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this
application, I am consenting to written comments, letters and or notifications regarding this application being provided to me
or my designated contact via fax and or email. This consent does not preclude such written communication from also being
sent via first class mail.
G
Signature of Owner /Agent ontract Purchaser
Print Name
7-ML't'S - / % z019
Date
951-5701
Daytime phone number of Signatory
Special Use Permit Application Revised 2/28/2019 Page 3 of 5
Required FEES to be paid once the anPlication is deemed complete:
What type of Special Use Permit are you applying for?
Staff will contact you regarding the fee once the application is deemed complete
New Special Use Permit
$2,150
❑
Additional lots under section 10.5.2.1
$1,075
❑
Public utilities
$1,075
❑
Day care center
$1,075
❑
Home Occupation Class B
$1,075
❑
To amend existing special use permit
$1,075
❑
To extend existing special use permit
$1,075
❑
Fanner's markets without an existing commercial entrance approved by the VDOT or without existing and adequate parking
$527
❑
Farmer's markets with an existing commercial entrance approved by the VDo,r and with existing and adequate parking
$118
ADDITIONAL FEES
❑
Initial notice fee provided in conjunction with an application. for preparinp and mailing notices and published notice
$435
❑
ALL SPECIAL USE PERMITS - FIRE RESCUE REVIEW FEE
$50
❑
Signs under section 4.15.5 and 4.15.5A (tiled for review by the Board of Zoning Appeals under the Variance Schedule)
1 $538
Other FEES that may apply:
Fees for re -advertisement and notification of Public hearing
after advertisement of a Public hearing and
a deferral is made at the annlicant's reauest
D Preparing and mailing or delivering up to fifty (50) notices
$215 +actual cost of first-class postage
D Preparing and mailing or delivering each notice after fifty (50)
$1.08 for each additional notice + actual
cost of first-class postage
Actual cost based on a cost quote from
D Published notice (published twice in the newspaper for each public hearing)
the publisher
(averages between $150 and $250)
D Application for uses under sections 5.1.47 or 5.2A
NO FEE
D
Special Exception —provide written justification with application
$457
Resubmittal fees for original Special Use Permit fee of $2,150
D
First resubmission
FREE
)o
Each additional resubmission (TO BE PAID wYIEN TIIE RESUBMISSION IS MADE TO INTAKE. STAFF)
$1,075
Resubmittal fees for original Special Use Permit fee of $1,075
D
First resubmission
FREE
D
Each additional resubmission (TO BE PAID WHEN TIIE RESUBMISSION IS MADE TO INTAKE STAFF)
$538
The full list of fees can be found in Section 35 of the Albemarle County Zonine Ordinance.
Special Use Permit Application Revised 2/282019 Page 4 of 5
CERTIFICATION THAT NOTICE OF THE
APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER
This form must accompany Ntis zoning application if the application is not signed by the owner of the property.
I certify that notice of the application for,
was provided to
I l�A
of the
rY-K �F 4,6- fls
type & if known the
[Name(s) of the record owners of the parcel]
the owner of record of Tax Map and Parcel Number
S8'-lS/
by delivering a copy of the application in the manner identified below:
Q Hand delivery of a copy of the application to
on
Date
Q Mailing a copy of the application to MOW
O
on b - %O-L 1
Date
z If- VYlixi�y
application #]
[Name of the record owner if the record owner is a
person; if the owner of record is an entity, identify the
recipient of the record and the recipient's title or office
for that entity]
)&ec,, i' IVA ftlawer
[Name of the record owner irthe record owner is a
person; if the owner of record is an entity, identify the
recipient of the record and the recipient's title or office
for that entity] c L
to the following address I�gf�L14— wf $ �C rate , d�t�l6 c ZQ%
Y Ll J�JWAAI V(il
[Address; written notice mailed to the owner at the last
known address of the owner as shown on the current
real estate tax assessment books or current real estate
tax assessment records satisfies this requirement].
Uawa w -t, , C", 0� S I� -
Signature ofAppli ant W�I W&M/ X1qy
al,(vlz K,- 0
Print Applicant Name
T`Lct —L 1
Date
Special Use Permit Application Revised 2/28/2019 Page 5 of 5
SPECIAL USE PERMIT CHECKLIST for
SL Williamson/ TMP 88-13, 88-13BProject
4F"
Name /Tax Map Parcel NumberAfter
the mandatory pre -application meeting, county staff will mark this checklist appropriately so
that it is clear to the applicant the information from Section 33.4 (c) that must be submitted with
RF
the official application
Name or initials of
staff filling out form
Required for
Provided with
application?
(County Staff)
application
(Applicant)
SECTION 33.4(c)
X
X
YES
NO
❑
ujam-
A narrative of the project proposal, including its public need or benefit;
X❑
❑
[
A narrative of the proposed project's consistency with the comprehensive plan,
including the land use plan and the master plan for the applicable development area;
a❑
❑
A narrative of the proposed project's impacts on public facilities and public
infrastructure.
❑
Er
A narrative of the proposed project's impacts on environmental features.
0
❑
�❑
A narrative of the proffers proposed to address impacts from the proposed project.
(n)-F rlteded no-V-1 t-rtat r10 7-11fl-i3 proCSCA
❑x
❑
D
One or more maps showing the proposed project's regional context and existing natural
and manmade physical conditions;
7
❑
❑
A conceptual plan showing, as applicable:
❑
❑
1) the street network, including circulation within the project and connections to
streets within and outside of the
existing and proposed or planned project;
❑
F_X]
❑
2) typical cross -sections to show proportions, scale and streetscape/cross-
sections/circulation;
❑
❑X
❑
3) the general location of pedestrian and bicycle facilities;
❑X
❑
D
4) building envelopes;
❑X
❑
❑
5) parking envelopes;
❑
❑X
❑
6) public spaces and amenities;
❑X
❑
❑
7) areas to be designated as conservation and/or preservation areas;
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 2
❑X
❑
❑
8) conceptual stormwater detention facility locations;
X❑
❑
❑
9) conceptual grading;
X
❑
Other special studies or documentation, if applicable, and any other information
identified as necessary by the county on the pre -application comment form.
❑
Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit.
Read and Sign
I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on
this checklist as required for application.
V W.A��
Signature of person comp) ng this checklist
Vat rv« w. �o✓�
Print Name
-Al fw- I I
A-vp5t 191Za/q
Date
Z�3y- 55/ - s707
Daytime phone number of Signatory
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2
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August 19, 2019
Revised: April 6, 2020
Revised August 25, 2021
S.L. Williamson Company —Replacement Asphalt Plant at Red Hill Quarry
A. PROPOSAL:
S.L. Williamson is a third -generation asphalt paving and road construction company. It produces
plant mix asphalt in three asphalt plants located near Charlottesville, two of which are located in
Albemarle County. One location is at the Luck Stone Quarry in Shadwell, and the other is at the
Martin Marietta quarry at Red Hill off of Red Hill Road.
The Red Hill plant is located on tax map parcel 88-18, on a 4.4-acre portion of the larger 579-acre
parcel (the "Property"), pursuant to a lease with Martin Marietta Materials, Inc., the owner of the
Property that comprises the Red Hill Quarry. The 4.4 acre area that is subject to the SUP is part
of a larger lease area that also includes a 1.2-acre portion of tax map parcel 88-13B, which is also
owned by Martin Marietta Materials, Inc. The precise boundaries of the Property is shown in detail
on the enclosed Concept Plan prepared by Roudabush, Gale & Associates dated August 19,
2019, last revised March 3, 2021 (the "Concept Plan"). The Property is zoned Rural Areas and
Natural Resource Overlay District, and within Rural Area 4 of the Comprehensive Plan. The
property also has areas that are zoned Flood Hazard Overlay District.
The existing plant has been in the current location since 1969 and has reached the end of its
useful life and must be replaced. The existing plant will be removed, and a new drum mix plant
will be installed in its place, in the same location. The existing use is a legal non -conforming use,
but after several meetings with the Applicant, Community Development Staff have determined
that a Special Use Permit is necessary to replace the existing plant in the same location.
The proposed new drum mix plant will be similar to the S.L. Williamson operation at the Shadwell
Luck Stone Quarry. By replacing the existing plant with a modern facility, it will enable this long-
time thriving local business to continue serving its customers in the Charlottesville/Albemarle
County region, including the Virginia Department of Transportation, in addition to its numerous
private sector customers. This will support and enhance economic development in the County,
and have immeasurable benefits to all of the Company's public and private sector customers in
the County, consistent with the Comprehensive Plan.
B. CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Property is located in the Rural Areas 4 of the Comprehensive Plan. Among the goals of the
Rural Areas is protected natural resources. An Objective of the Natural Resources plan is to
recognize the economic value of the County's mineral resources, will giving due consideration to
potential harm on human health and property values. By locating the replacement plant in the
same location as the existing plant, no adverse impacts on adjacent properties or property values
will be created, nor will the use change the character of the area. The proposal will also further
the Comprehensive Plan goals in the Natural Resources Plan to protect air and water quality by
utilizing more modern equipment.
As such, the proposed SUP and replacement asphalt plant will enable the Applicant to recognize
the economic value of the County's mineral resources, support its existing business, better serve
its customers, and avoid any impact on adjacent properties or environmental resources. This is
August 19, 2019
Revised: April 6, 2020
Revised August 25, 2021
consistent with the Comprehensive Plan, including the Land Use Plan, the Natural Resources
Plan, and the Economic Development Plan.
Specifically, the project will further the following objectives of the Natural Resources Plan:
Objective 1: Ensure clean and abundant water resources for public health, business, healthy
ecosystems and personal employment by preventing shortages and contamination.
The travelway and settling basins have been reconfigured to be within the landward side of
the 50 foot stream buffer, and the project is not creating any impacts to the stream or other
environmental features of the property. The new plant will be substantially more protective
of water resources than the existing plant that is over 51 years old, thus substantially
reducing any risk of water contamination. The new plant will not have any impact on water
capacity or availability.
Objective 2: Protect air quality
The new plant will be substantially more protective of air quality than the existing plant that
is over 50 years old and that leaks dust because the metal is thin and patched. And the new
plant is designed as a closed system drum plan to contain the dust.
Objective 3: Recognize the economic value of the County's mineral resources while giving due
consideration to the potential harm mineral extraction activities and byproducts can have on
human health and property values.
This SUP application successfully balances these two goals, in that it would enable the
existing plant to be replaced with new and more modern equipment, which will support the
existing business activity of producing the asphalt from the existing mineral resources,
without creating any harm or byproducts that would impact human health or property
values. In fact, the proposed replacement plant will significantly reduce risks to human
health and property values by replacing old, noisy, and dust -generating equipment with new
equipment that is quieter, newer, cleaner, energy -efficient, and far more protective of
environmental resources.
Objective 4: Protect the biological diversity and ecological integrity of the County in both the
Rural Area and Development Areas.
This SUP application will enable the existing plant to be replaced with new and more modern
equipment, In addition, because the plant is not proposing to materially expand the footprint
of its over 51-year operations, the application will not have any impact on any new areas,
including those with any significant biological diversity. The project merely proposes to
replace old equipment with new and more modern equipment in the exact same location,
and the new plan will substantially improve air and water quality protections as compared to
the existing plant.
Objective 6: Retain and improve land cover near rivers and streams and protect wetlands
The proposal does not involve clearing any additional land area at all, nor will it have an
impact on any wetlands areas. It is merely proposing to replace old, outdated equipment
August 19, 2019
Revised: April 6, 2020
Revised August 25, 2021
with more modern and environmentally protective equipment in the exact same location
where it has existed for over 51 years.
Objective 7: Protect residents and properties from damage that can be prevented when natural
hazards are present.
This proposal will protect residents and properties by replacing old outdated equipment with
new equipment that will result in less noise and dust than the existing equipment, and will
not create any impacts on air or water quality.
C. IMPACTS ON PUBLIC FACILITIES AND INFRASTRUCTURE:
The proposed project will not have any negative impacts on public facilities or public infrastructure.
The Property is currently used for an asphalt mixing plant, and the proposed new plant will be the
exact same use, but with more modern equipment that will increase public safety, minimize noise,
and have a reduced environmental impact. No additional vehicular trips are proposed, and no
additional land disturbance are proposed. Furthermore, no additional traffic changes are
proposed.
D. IMPACTS ON ENVIRONMENTAL FEATURES
The proposed project will not have any negative impacts on environmental features. The Property
is currently used for an asphalt mixing plant, and the proposed new plant will be the exact same
use, in the same location, but with more modern equipment that will increase public safety,
minimize noise, and have a reduced environmental impact. No additional vehicular trips are
proposed, and no additional land disturbance is proposed.
The new plant will provide substantially better protections for air and water quality, consistent with
the objectives in Chapter 4 of the Comprehensive Plan, particularly Objective 1 — "Ensure clean
and abundant water resources for public health, business, healthy ecosystems, and personal
enjoyment by preventing shortages and contamination," and Objective 2 — "Protect Air Quality."
• The existing plant is over 51 years old, and is a batch plant, which is not designed as
a closed system, which results in the dust not being entirely contained.
• The existing plant has been retrofitted over the years to comply with changing
regulations, and because of the age of the metal, it is thin and although it has been
repeatedly patched over the years, it still leaks dust.
• The proposed replacement plant will be subject to DEQ air and water annual permits
for total suspended solids.
• The proposed replacement plant is more fuel efficient, safer, and quieter, and overall
more efficient
• The proposed replacement plant is a "closed system" drum plant that functions as a
continuous process and will contain the materials, which by definition will result in
improved protections for water and air quality.
August 19, 2019
Revised: April 6, 2020
Revised August 25, 2021
The existing plant was not designed or manufactured to comply with the current
more stringent environmental regulations. By contrast, the proposed replacement
plant is designed to comply with current standards, and thus will enable the plant to
much more effectively comply, and thus protect the community's air and water far
more effectively compared to existing conditions.
The existing plant is located within the 100-year floodplain per the FEMA 100-year from FIRM
panel 51003C0405D. Roudabush, Gale & Associates, the project engineers, has performed a
floodplain study using HEC-RAS to determine the extent of the 100-year Floodplain in the area of
the creek that is located to the west of the existing plant. Pursuant to the updated floodplain
study, the existing plant and associated buildings are located outside of the floodplain.
Representatives of Roudabush Gale & Associates, following consultation with the County
Engineer, has secured an amendment to the floodplain maps in the form of a Letter of Map
Revision ("LOMR"), copies of which are enclosed. As such, the new plant will be outside of the
floodplain. This further demonstrates the application's consistency with Strategy 7a of Chapter 4
of the Comprehensive Plan — "through continued application of the Flood Hazard Overlay District,
protect floodplains from uses that impair the function of the floodplains."
While a certified engineers report was requested to be submitted with the SUP application, we
request that this be an item that can be submitted as a condition of site plan approval, or with the
initial site plan application. That was a condition of approval of the SUP for the replacement plant
at SL Williamson's facility at the Luck Stone Quarry in Shadwell (SP 2006-0023).
40658549 4
2
►/
14
SITE DATA
OWNER: MARTIN MARIETTA MATERIALS, INC
P.O. BOX 8040
FORT WAYNE IN, 46898 CONCEPT PLAN
ASPHALT PLANT OPERATOR: S.L. WILLIAMSON COMPANY, INC
1230 RIVER RD
CHARLOTTESVILLE, VA 22901
PLAN PREPARER: AGALE, &AS
SOCIATES
91MONTICELLO ROAD
CHRLOTTESVILLE, VA. 22902 S.L. WILLIAMSON ASPHALT PLANT
(434)-977-0205
TAX MAP PARCEL No: 08800-00-00-01800 RED HILL QUARRY
PARCEL AREA: 579. 13 ACRES
SUP AREA: 4.4 ACRES (EXTENT OF SP WILL FOLLOW THE LIMITS OF THE THE EXISTING SL
WILLIAMSON LEASE AREA ON TIMP 88-18)
ZONING: RURAL (RA)
FLOOD HAZARD OVERLAY (FH)
NATURAL RESOURCE EXTRACTION OVERLAY (NR)
EXISTING USE WITHIN SP AREA: ASPHALT PLANT
PROPOSED USE: WITHIN SP AREA: ASPHALT PLANT
MAXIMUM BUILDING HEIGHT: 75'
SETBACKS: 100' FROM PUBLIC RIGHT-OF-WAY OR ANY ADJOINING RESIDENTIAL DISTRICT
200' FROM ANY CONTIGUOUS PROPERTY WITH RESIDENTIAL LOTS LESS THAN
OR EQUAL TO 1 ACRE OR OCCUPIED DWELLING
MAXIMUM LOT COVERAGE: 809 OF TOTAL SITE (3.52 ACRES)
ACTUAL LOT COVERAGE: PARKING 1,515 SF (0.04 ACRES)
TRAVEL WAYS 1 12, 886 SF (2.59 ACRES)
ASPHALT PLANT 8,795 SF (0.20 ACRES)
TOTAL AREA 123,197 SF (2.83 ACRES)
MAGISTERIAL DISTRICT.' SAMUEL MILLER
STORMWATER MANAGEMENT. • FOR WATER QUANTITY, THE PROJECT SITE/LIMITS OF DISTURBANCE IS LESS
THAN 1% OF DRAINAGE AREA (9VAC25-870-66.B), THEREFORE STORMWATER
MANAGEMENT WILL NOT BE REQUIRED FOR CHANNEL PROTECTION. IF ANY
OUTFALL 1S PROVIDED, 1T WILL BE DISCHARGED WITHIN THE 100-YEAR
FLOODPLAIN (9VAC25-870-66.D) FOR WATER QUALITY, OFF -SITE CREDITS
WILL BE PURCHASED TO MEET REQUIREMENTS.
WATERSHED: NORTH FORK HARDWARE RIVER
TOPOGRAPHY. AERIAL TOPOGRAPHY FROM KUCERRA INTERNATIONAL DECEMBER, 2017
DATUM: HORIZONTAL NAD 83
CRITICAL SLOPES: CRITICAL SLOPES ARE LOCATED WITHIN THE SP AREA.
FLOODPLAIN: A PORTION OF THE SP AREA IS LOCATED WITHIN FLOODPLAIN LIMITS AS SHOWN ON
FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 51003C0405D. EFFECTIVE DATE:
FEBRUARY 4. 2005.
A LETTER OF MAP REVISION (LOMR) IS BEING SOUGHT THROUGH FEMA CONCURRENT TO
THE SP APPLICATION. THE REVISED LIMITS OF THE FLOODPLAIN ARE SHOWN ON THE
PROPOSED LAYOUT PLAN. THE ASPHALT PLANT WILL BE LOCATED OUTSIDE OF THE
FLOODPLAIN AFTER THE LOMR IS APPROVED.
PARKING REQUIRED: ONE (1) SPACE PER EMPLOYEE
3-4 EMPLOYEES = 4 SPACES REQUIRED
PARKING PROVIDED: 4 SPACES PROVIDED
LANDSCAPING: SCREENING TO BE PROVIDED BY EXISTING TREES ALONG THE WESTERN PROPERTY LINE
OF TMP 88-18. THE STRIP OF EXISTING TREES VARIES FROM 20'-40' IN WIDTH TO
THE WESTERN PROPERTY LINE IN THE VICINITY OF THE ASPHALT PLANT.
LIGHTING: IF SITE LIGHTING IS PROPOSED FOR THE ASPHALT PLANT SITE, THE LIGHTING WILL COMPLY
WITH Z.O. CHAPTER 18-4.17, OUTDOOR LIGHTING.
NO EVIDENCE OF A BURIAL SITE WAS FOUND WITHIN THE SP/PROJECT AREA.
THE STREAM BUFFER SHOWN HEREON IS BASED UPON THE APPROXIMATE LOCATION OF THE CENTERLINE
OF THE EXISTING CREEK LOCATED VIA A HANDHELD GPS DEVICE. THE STREAM BUFFER SHALL BE
MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE.
A PRELIMINARY JURISDICTIONAL DETERMINATION FOR THE CREEK HAS BEEN OBTAINED FROM THE CORPS
OF ENGINEERS DATED MAY 9, 2019. NAO-2019-00515. THE PRELIMINARY JURISDICTIONAL
DETERMINATION IS BASED UPON THE GPS LOCATION OF THE CREEK.
TMP 88-18 IS NOT LOCATED WITHIN THE AGRICULTURAL -FORESTAL DISTRICT.
TMP 88-18 IS NOT LOCATED WITHIN THE WATERSHED OF A PUBLIC WATER SUPPLY RESERVOIR.
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SHEET INDEX
SHEET 1---------- COVER SHEET
SHEET 2---------- ZONING EXHIBIT
SHEET 3---------- EXISTING CONDITIONS
SHEET 4---------- PROPOSED LAYOUT PLAN
SHEET 5---------- BUILDING SITE PLAN
SHEET 5---------- PROPOSED GRADING PLAN
SHEET 6---------- STREAM BUFFER MITIGATION PLAN
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FILE:
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ELIZABETH WETMORE ENGLISH
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AMERICAN TELEPHONE & TELEGRAPH OF VA
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JOB:
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FILE:
8719
SHEET:
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\ \ .:........... ! I I \ \ , \ \P,, \ \ �� -, CRITICAL SLOPES (OVER 25%)*
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\ \ \ \ \ \ \ ` a � �^ ............. \ \ \ \ - - - / / ' QUARRY
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\ \ \ CRITICAL SLOPE AREAS SHOWN ON THE S.L.
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\ \\ \ \ \ I I 1 I I II III I 11 �. ............. .. \ \\\: d \ \\ SLOPE ANALYSIS OF THE TOPOGRAPHIC INFORMATION.
1 I _■ \ `\\ \ \ / SIDE STHE RIOPES OFTICAL OSTOCKPILES, ETTLINGPE AREAS DO NOT CBAS BASINS OR
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- \ \\ \` \` \ `\ \\ ,I II \ ,\ `I 11 I I I I I 1 'I F \ s°N 4�s f� ' 0 \ o / \ \ NORMAL BUSINESS OPERATIONS OF A QUARRY.
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DATE:
08-19-2019
SCALE:
1" = 50'
JOB:
19.0032
FILE:
8719
SHEET:
3 OF 7
Q:\RGA\
Six — 10' x 14' Cold Feed System '\ ` \ 6>o LEGEND
30" x 55' Aggregate Access Conveyor ' 68 6g��I r I I I
; . 0 660 0 CRITICAL SLOPES (OVER 25%)
Y
4' x 10' Aggregate Vibrating Screen — Single Deck 4. ` - "I;;l;l; 1`; •% —
.� �00
30" x 70' Aggregate Scale Conveyoro vo u,� Z� 660 WPO STREAM BUFFER
Model 300 — 8 7 x 44 Ultradrum \, , r, �E'/� /'� -- EXISTING & PROPOSED TRAVEL WAYS
Model CFS-151, 74,092 CFM Baghouse \
rr, '�.� ......... 100-YEAR FLOODPLAIN
From Baghouse to Drum: One 14 Diameter Dust Return Auger �, \ \
.. c\\ \ \ - /> (FIRM PANEL # 51003CO405D)
12' x 40 Stationary Operators Control Center & MCC - . \`\ _ /' 100—YEAR FLOODPLAIN
One — 8' x 14' Recycle Bin — Series III o ...f \\ QUARRY (LOMR 20-03-1246P)
�_ . \'`, \`I \ \ \`; .�`;; �:, j`;'\, \ \ i EXTENT OF PROPOSED SP
4 x 10 Stationary Recycle Deister Vibrating Screen — Single Deck •��\ �N . I � \ , , , 1 \ f � �� \,\�\`; `.\ \ a1"/ ",
90 \
24" x 70' Stationary Recycle Scale Conveyor \ 9„ \ Dh
CRITICAL SLOPE AREAS SHOWN HEREON IN THE S.L.
Two — 200 Ton Deluxe Stationary Silos \ \`\ '�__ WILLIAMSON LEASE AREA ARE GENERATED FROM A
° r \ \ \\ f °� ` SLOPE ANALYSIS OF THE AERIAL TOPOGRAPHIC
300 TPH x 83' Stations Deluxe Slat Conve or with Cleanout & Re•ect \ c / ` \ \ \° \ INFORMATION. THE EXTENT OF THE CRITICAL SLOPE
\ /
, , , , � \ `/ AREAS INCLUDE THE SIDE SLOPES OF STOCKPILES,
�S.
One — 300 TPH 2—Way Top of Silo Transfer ' ' ' ' ' ' ' ' ' ' ' ' \� \\ ��<<'�MS \°ti \�`\\ `� \\\� `\\ /----\ SETTLING BASINS, OVERBURDEN PLACEMENT OR OTHER
\/ °N��Sf \ 6s \\ 6p' \\ MANMADE FEATURES GENERATED FROM THE NORMAL
HYCGO-200 Hy —Way Hot Oil Heater I� \\ �e9 ° ° \\ \ 6 BUSINESS OPERATIONS OF A QUARRY.
............:.... _
Two — 30,000 Gallon Vertical AC Tanks NOTE:
' 'I ' \ EX. STOCKPILE r/ \ \ \ �� I 100' SETBACK BASED UPON ASSUMED 50' PRESCRIPTIVE ROW FOR RED
Four Employee Parkin Spaces 9'x18' \ 70` E REMOVED - o Eg - -- \
9 P ,. . . . . . . . . ; ..'.'.'.'.'. p \ \\ I I HILL ROAD
Settling Basin / \\\\ `\ \ — — '
1�0 o l,'Ilui,'A' CRITICAL SLOPES AREA CREATED
THRU OVERBURDEN PLA
. 1
\
TMP 88-138
�..............`
\ ,1 SCALE 1 "=50'
MARTIN MARIETTA ::::: �. 1 N 8 \` \\ m� \� -I \\ ; ' \\ \ . 50 0 50 100
MATERIALS INC ' ' ..... ......
SCALE IN FEET
TMP 88— 18
I / \ 3 ss MARTIN MARIETTA
L �` ,'.'. .'.'.'.'. m` x\. z 620 / \\ `\ l� �\\ MATERIALS INC it I a/
EX. RET. WALL BE
EXTENDED FOR ADDITIONAL
OLD FEED BINS -- `�♦ ///.�,_� \ _ ,�-� \`�_� = ✓/,'
ENT LI RAVE
C ER NET L
i I I **.....PATTERN FOR TRUCKS Ex.
640-
''-- _
° i I 1 I �THRIOR EDGE OF TRAVEL .` °? o (� \` \ / . ` �'
fyO / I I i / i , li PATTERN FOR TRUCKS .I. , -.1. CRITICAL SLOPES AREA CREATED , \\ l--------- \ \ \:�:`• ��: `� -- ---- _ '%
5 o THRU OVERBURDEN PLACEMENT
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MARTIN MARIETTA
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REAL ESTATE I 8 - 1 '
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/ \ ASPHALT _--_- /, -"- ------
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LEGEND
CRITICAL SLOPES (OVER 25%)
WPO STREAM BUFFER
EXISTING AND PROPOSED TRAVEL WAYS
50' STREAM BUFFER IMPACT AREA
MITIGATION PLANTING AREA
�����.� 100—YEAR FLOODPLAIN
(FIRM PANEL # 51003C0405D)
100—YEAR FLOODPLAIN
(LOMR 20-03-1246P)
EXTENT OF PROPOSED SP
* CRITICAL SLOPE AREAS SHOWN HEREON IN THE S.L.
WILLIAMSON LEASE AREA ARE GENERATED FROM A
SLOPE ANALYSIS OF THE AERIAL TOPOGRAPHIC
INFORMATION. THE EXTENT OF THE CRITICAL SLOPE
AREAS INCLUDE THE SIDE SLOPES OF STOCKPILES,
SETTLING BASINS, OVERBURDEN PLACEMENT OR OTHER
MANMADE FEATURES GENERATED FROM THE NORMAL
BUSINESS OPERATIONS OF A QUARRY.
NOTE:
100' SETBACK BASED UPON ASSUMED 50' PRESCRIPTIVE ROW FOR RED
HILL ROAD
SCALE 1 "=50'
50 0 50
SCALE IN FEET
STREAM BUFFER MITIGATION
NOTE:
THE INWARD 50' OF THE STREAM BUFFER WILL BE
RESTORED AND MITIGATED AS SHOWN HEREON.
THE MITIGATION PLANTINGS WILL BE PROVIDED FOR THE
IMPACTS TO THE LANDWARD 50' OF THE STREAM BUFFER.
MITIGATION AREAS OUTLINED HEREON WILL BE RESTORED BY
REMOVING ALL UNSUITABLE MATERIALS, PROVIDING SOIL
AMENDMENTS WHERE TOPSOIL HAS BEEN REMOVED PRIOR
TO THE INSTALLATION OF THE MITIGATION PLANTINGS.
MITIGATION IMPACT AREAS
STREAM BUFFER MITIGATION REPLANTING
IMPACT AREA 1 33,905
MITIGATION AREA REQUIRED = 67,810 SF
MITIGATION AREA PROVIDED = 36,325 SF (0.83 AC)
MIXED VEGETATION MITIGATION AREAS
REQUIRED: 700 CONTAINER —GROWN SEEDLINGS PER ACRE
MITIGATION AREA A 20,592 SF (0.47 AC)
PLANTING REQUIRED: 331
MITIGATION AREA B 4,774 SF (0.11 AC)
PLANTING REQUIRED: 77
MITIGATION AREA C 10,956 SF (0.25 AC)
PLANTING REQUIRED: 176
584 TOTAL PLANTS REQUIRED (584 PLANTS PROVIDED)
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° Federal Emergency Management Agency
Washington, D.C. 20472
91VD Se°J July 20, 2021
CERTIFIED MAIL IN REPLY REFER TO:
1:7y1111:7►�:7:Ctld1�IlINC[�II1DF.`yld/:
Mr. Jeffrey B. Richardson
Albemarle County Executive
401 McIntire Road
Charlottesville, VA 22902
Dear Mr. Richardson:
Case No.: 20-03-1246P
Community Name: Albemarle County, VA
Community No.: 510006
FIRM Panel Affected: 51003C0405D
116
In a Letter of Map Revision (LOMR) dated February 25, 2021, you were notified of proposed flood
hazard determinations affecting the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS)
report for Albemarle County, VA. These determinations were for North Fork Hardware River - from
approximately 3,310 feet downstream of the Railroad to approximately 740 feet downstream of the
Railroad; and Unnamed Tributary to North Fork Hardware River - from the confluence with North Fork
Hardware River to just downstream of the Railroad. The 90-day appeal period that was initiated on March
15, 2021, when the Department of Homeland Security's Federal Emergency Management Agency
(FEMA) published a notice of proposed Flood Hazard Determinations in the The Daily Progress has
elapsed.
FEMA received no valid requests for changes to the modified flood hazard information. Therefore, the
determination as to the modified flood hazard information for your community is considered final. The
modified flood hazard information and LOMR, referenced above, will become effective on July 13, 2021,
and will revise the FIRM and FIS report that were in effect prior to that date.
The modifications are pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (Public
Law 93-234) and are in accordance with the National Flood Insurance Act of 1968, as amended
(Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.C.
4001-4128, and 44 CFR Part 65. The community number(s) and suffix code(s) are unaffected by this
revision. The community number and appropriate suffix code as shown above will be used by the
National Flood Insurance Program (NFIP) for all flood insurance policies and renewals issued for your
community.
FEMA has developed criteria for floodplain management as required under the above -mentioned Acts of
1968 and 1973. To continue participation in the NEW, your community must use the modified flood
hazard information to carry out the floodplain management regulations for the NFIP. The modified flood
hazard information will also be used to calculate the appropriate flood insurance premium rates for all
new buildings and their contents and for the second layer of insurance on existing buildings and their
contents.
If you have any questions regarding the necessary floodplain management measures for your community
or the NFIP in general, please contact the Mitigation Division Director, FEMA Region III, in
Philadelphia, Pennsylvania, either by telephone at (215) 931-5635, or in writing at Federal Emergency
Management Agency, Region III, One Independence Mall, 6th Floor, 615 Chestnut Street,
Philadelphia, Pennsylvania 19106.
If you have any questions regarding the LOMR, the proposed flood hazard determinations, or mapping
issues in general, please call the FEMA Map Information eXchange, toll free, at (877) 336-2627 (877-
FEMA MAP).
Sincerely,
6:;;� 4W
Patrick "Rick" F. Sacbibit, P.E., Branch Chief
Engineering Services Branch
Federal Insurance and Mitigation Administration
cc: Mr. Frank V. Pohl, P.E., CFM
Albemarle County Engineer
Mr. Alexander Flint, E.LT
Project Engineer
Roudabush, Gale & Associates, Inc.
Mr. Jim Taggart, P.E.
Director of Engineering
Roudabush, Gale & Associates, Inc.
Federal Emergency Management Agency
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jeffrey B. Richardson
Albemarle County Executive
401 McIntire Road
Charlottesville, VA 22902
Dear Mr. Richardson:
Washington, D.C. 20472
February 25, 2021
IN REPLY REFER TO:
Case No.:
20-03-1246P
Community Name:
Albemarle County, VA
Community No.:
510006
Effective Date of
This Revision:
July 13, 2021
The Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) for your community have been
revised by this Letter of Map Revision (LOMR). Please use the enclosed annotated map panel revised by this
LOMR for floodplain management purposes and for all flood insurance policies and renewals issued in your
community.
Additional documents are enclosed that provide information regarding this LOMR. Please see the List of
Enclosures below to determine which documents are included. Other enclosures specific to this request may be
included as referenced in the Determination Document. If you have any questions regarding floodplain management
regulations for your community or the National Flood Insurance Program (NFIP) in general, please contact the
Consultation Coordination Officer for your community. If you have any technical questions regarding this LOMR,
please contact the Director, Mitigation Division of the Department of Homeland Security's Federal Emergency
Management Agency (FEMA) in Philadelphia, Pennsylvania, at (215) 931-5635, or the FEMA Mapping and
Insurance eXchange (FMIX) toll free at 1 877-336-2627 (1 877 FEMA MAP). Additional information about the
NFIP is available on our website at htVs://www.fema.gov/flood-insurance.
Sincerely,
Patrick "Rick" F. Sacbibit, P.E., Branch Chief
Engineering Services Branch
Federal Insurance and Mitigation Administration
List of Enclosures:
Letter of Map Revision Determination Document
Annotated Flood Insurance Rate Map
Annotated Flood Insurance Study Report
cc: Mr. Frank V Pohl, P.E., CFM
Albemarle County Engineer
Mr. Alexander Flint, E.LT
Project Engineer
Roudabush, Gale & Associates, Inc.
Mr. Jim Taggart, P.E.
Director of Engineering
Roudabush, Gale & Associates, Inc.
•
11
APPLICATION FOR A SPECIAL EXCEPTION
Q'Kequest for a waiver, modification, variation or ❑ Variation to a previously approved Planned
substitution permitted by Chapter 18 = 523.12 Development rezoning application plan or
Application $503 + Technology surcharge $20.12 Code of Development = 523.12
Application $503 + Technology surcharge $20.12
OR
❑ Relief from a condition of approval = 523.12
Application $503 + Technology surcharge $20.12
Provide the following
copies of a written request specifying the
section or sections being requested to be
waived, modified, varied or substituted, and
any other exhibit documents stating the reasons
for the request and addressing the applicable
findings of the section authorized to be waived,
modified, varied or substituted.
Project Name : 5• L- Vy i lU
Provide the following
❑ 3 copies of the existing approved plan
illustrating the area where the change is
requested or the applicable section(s) or
the Code of Development. Provide a
graphic representation of the requested
change.
❑ 1 copy of a written request specifying the
provision of the plan, code or standard for
which the variation is sought, and state the
reason for the requested variation.
+xe k kpWi Pl&m--
Current Assigned Application Number (HS, HO, CLE, SDP, SP or ZMA) 5P2019 —00002
Tax map and parcel(s): g g QnJ SS ^ 13 B
Applicant / Contact Person V aAt4 G 1N 1110,MSv wl
Address 3Z[ LF-Ma A 5r._Sluk.lbaCity �b1/I��(<,StateVCZip Z& 2
Daytime Phone# ( 3 "I)9r.J,n-5 ax# ( -.L. ,) / Email V(eAA �
VA
Owner of Record i r 1m, , A I Y ILt t I �A MAC lal'S t 1 YV— • qo f'1/i� ki(JkMtX,' 1 e
Address Far I -Wa-f { rck.51d1�c City Mid i1akiP .11 State VA- Zip 7,311
T7
Daytime Phone# la7l ^ Fax# ( ) Email kGm-ec (a
75l (P Y+'i1'n vVU l'Aa.. nv. -
County of Albemarle
Community Development Department
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 7/ 12021
11
•
APPLICATION FOR A SPECIAL EXCEPTION
APPLICATION SIGNATURE PAGE
If the person signing the applicatiun is someone other than the owner of record, then a signed copy of the
"CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE
LANDOWNER" form must be provided in addition to the signing the application below. (page 3)
Owner/Applicant Must Read and Sign
By signing this application, I hereby certify that I own the subject property, or have the legal power to act
on behalf of the owner of the subject parcel(s) listed in County Records. I also certify that the information
provided on this application and accompanying information is accurate, true, and correct to the best of my
knowledge. By signing this application, I am consenting to written comments, letters and or notifications
regarding this application being provided to me or my designated contact via fax and or email. This consent does
not preclude such written communication from also being sent via first class mail.
U&A�u W
Signature of Own r / Age / Con act Pu haser
VALIICri-.e� IAI, U!"
Print Name
FOR OFFICE USE ONLY APPLICATION#
By who?
Receipt #
-25-2eqz1
Date
-3q—`151— 5701
Daytime phone number of Signatory
Fee Amount S Date Paid
AID!
Revised 7/1/2021
•
•
APPLICATION FOR A SPECIAL EXCEPTION
CERTIFICATION THAT NOTICE OF THE
APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER
This form must accompany this zoning application if the application is not signed by the owner of the property.
I certify that notice of the application for, (-TITI CA4 31 wi. W&1V P.tr
n , , �n ,. , [Name of the application type & if known the assigned Iapplication 1
was provided to M J `h I t UM i C OCL M RAq' S F j A.0 , C`o �G )CYK0-C,
the owner of record of Tax Map and Parcel Number '9 D - IS' QrJ 8 D - 1 3 f✓
by delivering a copy of the application in the manner identified below:
Hand delivery of a copy of the application to
[Name of the record owner if the record owner is a person; if
the owner of record is an entity, identify the recipient of the
record and the recipient's title or office for that entity]
Date CIOM+"t✓
.� Mailing a copy of the application to rY � h � r uM t Wl a 1 � tt S1 IWs� �NI�- 16mt L
[Name of the record owner if the record owner is a person; if
the owner of record is an entity, identify the recipient of the
record and the recipient's title or office for that entity]
on 0 ' 24 " 2'02,1 to the following address
Date
l P&r k. K/a i G rr lc . 9L4 ket 207
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[Address; written notice mailed to the owner at the
last known address of the owner as shown on the
current real estate tax assessment books or current real
estate tax assessment records satisfies this
requirement].
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Print Applicant Name
S'- 25 -Z02,1
Date
Revised 7/1/2021
SE 2021-
Special Exception Application for
Critical Slope Waiver
to be associated with:
SP 2019-00009 S.L. Williamson Replacement Asphalt Plant
In connection with the above -referenced Special Use Permit Application, the Applicant requests
a modification of Section 4.2.5 of the Zoning Ordinance.
Reason for the Request:
For a more detailed description of the project as a whole, please refer to the Narrative
submitted with the Special Use Permit Application 2019-00009.
The Applicant proposes to replace its existing asphalt plant that has been operation since1969
with a newer drum -mix plant that is more efficient, quieter, more protective of water
resources, and far more protective of air resources, without disturbing additional land. As part
of the replacement plant, there is a system of feed bins and a recycling bin that are used during
the manufacture of the asphalt. The installation of the feed bins will impact an area of man-
made critical slope areas that were created by the dumping of overburden material by the
quarry operations. These man-made critical slopes are identified on the Concept Plan prepared
by Roudabush, Gale & Associates dated August 19, 2019, last revised March 3, 2021, and
submitted in connection with SP 2019-00009 (the "Concept Plan") as "Critical Slope Areas
Created Thru Overburden Placement."
Section 4.2.3(b) of the Zoning Ordinance prohibits any structures, improvements or land
disturbing activity to establish a structure or improvement to be located on any critical slope.
Even though the critical slopes at issue are man-made piles of overburden, because the subject
property is located in the Rural Area, they are not designated as "managed slopes" that may be
disturbed by right subject to certain performance standards like they would be if the property
were located in the designated development. Disturbance of critical slopes in the Rural Areas
requires a critical slope waiver whether they are man-made or naturally occurring.
Specifically, the elements of the replacement plant that will disturb the critical slopes are:
• Six 10-foot by 14-foot Cold Feed Bin System (labeled #1 on sheet 4 of the Concept Plan)
• One 8-foot by 14-foot Recycle Bin (labeled #9 on sheet 4 of the Concept Plan)
The approximate size of the area of man-made critical slopes that will be disturbed in
connection with the project is 1,200 square feet.
Please note that the 30-foot by 55-foot Aggregate Access Conveyor (labeled #2 on the Concept
Plan) will not impact or disturb the critical slopes, for it is an aerial conveyor belt system that is
not attached to the ground.
Because these improvements must be installed over these man-made critical slope areas, the
Applicant hereby requests a waiver of Section 4.2.3(b) as follows:
4.2.5(a)(1) — The special exception application must also shall state the reason for the
modification or waiver, explaining how the modification or waiver, if granted, would address the
rapid and/or large-scale movement of soil and rock, excessive stormwater run-off, siltation of
natural and man-made bodies of water, loss of aesthetic resources, and, in the event of septic
system failure, a greater travel distance of septic effluent (collectively referred to as the "public
health, safety, and welfare factors") that might otherwise result from the disturbance of critical
slopes.
Mitigating circumstances of the negative impacts associated with disturbance of the man-made
critical slopes —there is an existing retaining wall that the existing feed bins sit on top of. As
part of the replacement plant, that wall will be extended to meet the extents of the proposed
improvements. This area is labeled "Ex. Ret. Wall to Be Extended for Additional Cold Feed Bins"
on Sheets 4 and 5 of the Concept Plan. With the expansion of the retaining wall, there will be
no potential for soil erosion, sedimentation and water pollution that might otherwise result
from the disturbance of the man-made critical slopes.
4.2.5.3 Findings. The commission may grant a modification or waiver if it finds that the
modification or waiver would not be detrimental to the public health, safety or welfare, to the
orderly development of the area, or to adjacent properties; would not be contrary to sound
engineering practices; and at least one of the following:
a. Strict application of the requirements of section 4.2 would not forward the purposes of this
chapter or otherwise serve the public health, safety or welfare;
The proposed replacement drum -mix plant will substantially improve the public health and
safety through better air quality, reduced noise, added protection for water resources. The
expansion of an existing retaining wall that will meet the extents of the proposed
improvements, thus eliminating the risk of soil erosion, sedimentation and water pollution that
might result from the disturbance of such man-made slopes. Strict application of the
requirements of Section 4.2, in the form of not allowing the replacement plant to disturb these
man-made slopes, will not allow the replacement plant, which will not forward the purposes of
this chapter or otherwise serve the public health, safety or welfare.
b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of
section 4.2 to at least an equivalent degree;
By extending the existing retaining wall to accommodate the new feed bins, this extended wall
will hold back the slope and prevent any erosion, thus satisfying the intent and purposes of
Section 4.2 far better than existing conditions would.
d. Granting the modification or waiver would serve a public purpose of greater import than
would be served by strict application of the regulations sought to be modified or waived.
The replacement plant will substantially improve the public health and safety through better air
quality, reduced noise, and the expansion of an existing retaining wall that will meet the
extents of the proposed improvements, thus eliminating the risk of soil erosion, sedimentation,
and water pollution that might otherwise result from the disturbance of such man-made slopes.
And the waiver will permit the installation of the replacement plant.
For all of these reasons, we request the Board's approval of the waiver as part of the approval
of SUP 2019-00009.
45936698_2
n
•
APPLICATION FOR A SPECIAL EXCEPTION
bequest for a waiver, modification, variation or ❑ Variation to a previously approved Planned
substitution permitted by Chapter 18 = 523.12 Development rezoning application plan or
Application $503 + Technology surcharge $20.12 Code of Development = 523.12
Application $503 + Technology surcharge $20.12
OR
❑ Relief from a condition of approval = 523.12
Application $503 + Technology surcharge $20.12
El
Provide the following
copies of a written request specifying the
section or sections being requested to be
waived, modified, varied or substituted, and
any other exhibit documents stating the reasons
for the request and addressing the applicable
findings of the section authorized to be waived,
modified, varied or substituted.
Project Name :
5. L W % Ili
Provide the following
❑ 3 copies of the existing approved plan
illustrating the area where the change is
requested or the applicable section(s) or
the Code of Development. Provide a
graphic representation of the requested
change.
❑ 1 copy of a written request specifying the
provision of the plan, code or standard for
which the variation is sought, and state the
reason for the requested variation.
met* J�.Spwf
Current Assigned Application Number (HS, HO, CLE, SDP, SP or ZMA) 5P7,019-�OOOo9
Tax map and parcel(s): D % - I Dpand gg ^ 13 B
Applicant / Contact Person Va f rml w i I liams MwIl
Address 3Irma ill Sr.. SUA City LSIA'l State C Zip ZZAO-Z—
Daytime Phone# ( 3 )151�Fax#() Email V19 AA%l Y411 M
Owner of Recordl►lm,A 114,1 nak �4So /A,,• 4Dn4,A0kt2"'"I� Address( Fafk-Hiaf City laid lakaLrx State VA. Zip 7,311
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Daytime Phone# I0-71 Fax# ( ) Email YYWC • k- M<G
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County of Albemarle
Community Development Department
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 7/1/2021
0
J
APPLICATION FOR A SPECIAL EXCEPTION
APPLICATION SIGNATURE PAGE
If the person signing the application is someone other than the owner of record, then a signed copy of the
"CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE
LANDOWNER" form must be provided in addition to the signing the application below. (page 3)
Owner/Applicant Must Read and Sign
By signing this application, I hereby certify that I own the subject property, or have the legal power to act
on behalf of the owner of the subject parcel(s) listed in County Records. I also certify that the information
provided on this application and accompanying information is accurate, true, and correct to the best of my
knowledge. By signing this application, I am consenting to written comments, letters and or notifications
regarding this application being provided to me or my designated contact via fax and or email. This consent does
not preclude such written communication from also being sent via first class mail.
Signature of w �g aftase
Si ature of Own / A e / Cont act Pu baser
IIALIL'i{ IAI, LX AA
Print Name
$ • 25- 2It) z/
Date
4t3q-1751— 5701
Daytime phone number of Signatory
FOR OFFICE USE ONLY APPLICATION# Fee Amount $ Date Paid
By who? Receipt # Ck# By
Revised 7/ 12021
•
•
APPLICATION FOR A SPECIAL EXCEPTION
CERTIFICATION THAT NOTICE OF THE
APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER
This form must accompany this zoning application if the application is not signed by the owner of the property.
I certify that notice of the application for, �1L1 �1�[ ✓I E{ �W10 WC��QAY'
[Name of the application type & if known the assigned application #]
was provided to
S
the owner of record of Tax Map and Parcel Number Q « " VS " 13 6
by delivering a copy of the application in the manner identified below:
Hand delivery of a copy of the application to
[Name of the record owner if the record owner is a person; if
the owner of record is an entity, identify the recipient of the
record and the recipient's title or office for that entity]
on
Date
VMailing a copy of the application to
on 0'2-U —2,O7iI
Date
the owner of record is an entity, identify the recipient of the
record and the recipient's title or office for that entityC]_
to the following address I Cy � Wei+ U f(,{,�. , k Z 0 %
Wid!erh4ax,, VA 2311q
[Address; written notice mailed to the owner at the
last known address of the owner as shown on the
current real estate tax assessment books or current real
estate tax assessment records satisfies this
requirement].
W PLY -
Signature of ApplicdAt U U
�ia,ll,�tc. ITV. Le tAA
Print Applicant Name
9-Z*- 2024
Date
Revised 7/1/2021
SE 2021-
Special Exception Application for
Building Site Ratio Waiver
to be associated with:
SP 2019-00009 S.L. Williamson Replacement Asphalt Plant
In connection with the above -referenced Special Use Permit Application, the Applicant requests
a modification of Section 4.2.2(a)(3) of the Zoning Ordinance.
Reason for the Request:
Section 4.2.2(a)(2) requires that development subject to section 32 of this chapter have an area
of 30,000 square feet or greater, of such dimensions that no one dimension exceeds any other
by a ratio of more than five to one as described by a rectangle inscribed within the building site.
As shown on the SUP Concept Plan associated with this application, the building site for the
proposed replacement asphalt plant does not meet the 5:1 ratio for the shape of the building
site.
Section 4.2.2(a)(3) provides that the rectangular shape required by Section 4.2.2(a)(2) may be
waived or modified by special exception upon the Board of Supervisors' consideration of the
recommendation from the Virginia Department of Health and information provided by the
developer showing that: (i) the parcel has an unusual size, topography, shape, location or other
unusual physical condition; (ii) no reasonable alternative building site exists; and (iii) modifying
or waiving the rectangular shape would result in less degradation of the parcel or adjacent
parcels than if those dimensions were adhered to.
Justification:
As shown in detail on the SUP Concept Plans, the parcel has and unusual size, shape, and
location that precludes a building site that meets the 5:1 ratio.
The building site for the SL Williamson asphalt plant operations is 48,802 square feet with the
dimensions of 34' x 784'. The 34' is an average width (see Sheet 5 of the SUP Concept Plan for
Building Site). The SL Williamson asphalt plant is located on a leased portion of land located on
the larger Red Hill Quarry property. This lease area is long and narrow (the full extent of the
lease area is shown on Sheet 2 of the SUP Concept Plan). The building site is further constricted
on the west by the Water Protection Ordinance Stream Buffer and by the 100-Year Floodplain.
The lease area cannot be enlarged or reconfigured to make the building site meet the 5:1 ratio
of width and length.
In addition, no reasonable alternative building site exists, as shown on the Concept Plan. Any
modification to the shape of the building site within the existing lease area would result in
impacts to the adjacent WPO stream buffer or the floodplain. And because the lease area
cannot be enlarged or reconfigured to meet the ratio, no reasonable alternative building site
exists.
Finally, modifying or waiving the 5:1 ratio requirement for the rectangular shape would result in
less degradation of the parcel or adjacent parcels than if those dimensions were adhered to.
Although the building site 5:1 ratio is not met, the parking area, material storage, and asphalt
plant all fit within the building site. The grading activities for the proposed improvements are
confined to the lease area. The area for the septic fields are not needed due to the existing
pump and haul system that will continue as long as the site is in use. Requiring the 5:1 ratio to
be adhered to would require degradation of the adjacent sensitive areas, including the stream
buffer area and/or the floodplain. Therefore, allowing the modification of the 5:1 ratio will
result in less degradation of the parcel or adjacent parcels.
Therefore, because the Applicant has demonstrated that all three conditions of Section
4.2..2(a)(3)(i), (ii), and (iii) have been satisfied, we request the Board's approval of the waiver as
part of the approval of SUP 2019-00009.
45960869_1
2
ENERGY AND INGENUITY
Carbon Reduction Impact - RED HILL PLANT
Calculated per year using EPA Greenhouse Gas Calculator
EPA calculator: https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator
Excel version: https://www3.epa.gov/carbon-footprint-calculator
Fuel Oil
22.61 Ibs CO2/gallon or 163.05 Ibs COz/MMBtu
@ 132,175 gallons = 2,988,476 Ibs
#2 Diesel
22.5 Ibs CO2/gallon
@ 34,750 gallons = 781,875 Ibs
Combined 3,770,351 Ibs CO2/Year at Red Hill Plant
Natural Gas (pipeline standard)
119.58 Ibs COZ/MCF AND 12.1 LNG gal = 1 MCF
So, 9.88 Ibs CO2/LNG gal
@ 195,500 gallons" = 1,391,540 Ibs CO2/Year
51.23% reduction in Greenhouse Gas Emissions per year
0
County of Albemarle
Department of Community Development
Memorandum
To: Cameron Langille, Community Development Planning and Zoning Review
From: Frank Pohl, PE, County Engineer, Community Development Engineering Review
Date: November 22, 2021
Subject: SE2021-00036 — S.L. Williamson Replacement Asphalt Plant
Critical Slopes Waiver Review
The applicant's critical slope waiver received September 7, 2021 has been reviewed. The engineering
analysis of the request follows:
Description of critical slope area and proposed disturbance:
The critical slope disturbance is located at the existing S.L. Williamson asphalt plant at 2617 Red Hill
Road. This plant has been in operation since 1969 and the subject slopes are manmade and created from
The critical slope to be impacted is manmade as the result of dumping overburden material within the
quarry. Disturbance of roughly 1,200 sf is proposed to allow the owner to replace the existing asphalt
plant.
Areas
Acres or square feet
Lease Area
4.4 acres
Critical slopes to be
disturbed
1,200 sf
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations: The proposed disturbance is not a listed exemption and therefore a waiver is
required.
Compliance with Zoning Ordinance 18-4.2.5(a)(1):
"rapid and/or large-scale movement of soil and rock"
Staff generally agrees with the applicant's statement that this proposal will not cause or result in rapid
and/or large-scale movement of soil and rock.
"excessive stormwater run-off'
This proposal does not change the existing land cover and therefore excessive stormwater run-off is
not anticipated to occur.
"siltation of natural and man-made bodies of water"
The area of proposed disturbance is of approximately 1,200 sf is considered as a small disturbance
and can safely be protected during construction. The total land disturbance for the site will exceed
10,000 sf and erosion and sediment control measures will be installed to protect the adjacent stream.
"loss of aesthetic resources"
The critical slopes are located within the lease limits of the asphalt plant and are the result of
overburden from the rock quarry. These slopes are not considered an aesthetic resource.
"in the event of septic system failure, a greater travel distance of septic effluent"
Albemarle County Community Development
Engineering Review comments
Page 2 of 3
This site does not include a septic system.
The following are additional factors to be considered by the commission for this application Q 18-
4.2.5(a)(3)):
The commission may grant a modification or waiver if it finds that the modification or waiver:
1) would not be detrimental to the public health, safety or welfare, to the orderly
development of the area, or to adjacent properties,
Staff does not find the waiver would be detrimental to the public health,
safety or welfare, to the orderly development of the area, or to adjacent
properties.
2) would not be contrary to sound engineering practices, and
Staff does not find this request to be contrary to sound engineering
practices.
3) at least one of the following:
a. Strict application of the requirements of section 4.2 would not forward the
purposes of this chapter or otherwise serve the public health, safety or welfare,
Staff supports this finding. The new asphalt plant should result in less air
and noise pollution considering the existing plant is over 50-yrs old and the
new technologies available today. Additionally, an existing stockpile and
two settling basins within the lease area encroach within the minimum 50-
ft stream buffer. This proposal will restore the minimum 50-ft stream
buffer and mitigation will be provided to offset the impacts to the outer 50-
ft of the buffer, which will improve stream health.
b. Alternatives proposed by the developer or subdivider would satisfy the intent
and purposes of section 4.2 to at least an equivalent degree,
Staff supports this finding. The location of the asphalt plant is restricted
within the lease area, which is bound on the west by a stream and the east
by the rock quarry. The application proposes to replace the plant with a
newer plant within approximately the same location as the existing plant.
Alternative locations were not provided but would potentially result in
greater impacts to critical slopes or the stream buffer if the alternate
location were restricted to the lease area.
C. Due to the property's unusual size, topography, shape, location or other unusual
conditions, excluding the proprietary interest of the developer or subdivider,
prohibiting the disturbance of critical slopes would effectively prohibit or
unreasonably restrict the use of the property or would result in significant
degradation of the property or adjacent properties, or
Staff supports this finding. Staff believes prohibiting the disturbance of
critical slopes would prohibit or unreasonably restrict the owner from
Albemarle County Community Development
Engineering Review comments
Page 3 of 3
replacing the existing asphalt plant. Furthermore, the applicant proposes
to extend the onsite retaining wall to stabilize the slope long-term.
d. Granting the modification or waiver would serve a public purpose of greater
import than would be served by strict application of the regulations sought to
be modified or waived.
Staff is unable to support this finding. If strict application of the
regulations resulted in the asphalt plant needing to be decommissioned, the
owner could potentially find another site to serve its clients.
Based on the review above, engineering staff recommends approval of the Critical Slopes waiver request
as submitted.
file Critical Slope Weaver Rem in% LetterSL W dlmnson. doc
�� pF AL8
County of Albemarle
Community Development Department - Planning
��RGINle'
December 17, 2021
Valerie Long
Williams Mullen
321 East Main Str, Suite 400
Charlottesville VA 22902
vlone@will iamsmul len.com
Re: SP201900009 S.L. Williamson Replacement Asphalt Plant Action Letter
Dear Ms. Long,
Cameron Langlille
blangille@albemarle.org
Telephone: (434) 296-5832 ext. 3432
The Albemarle County Planning Commission, at its meeting on December 7, 2021, recommended approval of the above -
noted by a vote of 6:0 with conditions 1, 3, 4 and 5 stated from the staff report
The Planning Commission recommended approval of Special Exceptions SE202100036 and SE202100037 by a vote of 6:0.
Please note that this recommendation is based on the following conditions:
1. SP201900009 will be developed in general accord with the concept plan titled "Proposed Layout Plan Special Use
Permit SL Williamson Asphalt Plant @ Red Hill Quarry." The Zoning Administrator may approve revisions to the
concept plan to allow compliance with the Zoning Ordinance;
3. Hours of operation of the asphalt plant will be between 7:00 a.m. and 12:00 a.m., Monday through Sunday,
provided that for no more than 90 days per year, the hours of operation may be between 12:01 a.m. and 12:00
a.m., Monday through Sunday;
4. Sound and noise attenuation measures will be provided as necessary to comply with the County's noise ordinance
(section 18-4.18);
5. Plant site lighting will comply with the County's outdoor lighting ordinance (section 18-4.17). Height of the
asphalt plant and all associated structures will be limited to 80 feet.
Should you have any questions regarding the above -noted action, please contact me.
Sincerely,
Cameron Langille
Principal Planner
CC. S.L. Williamson Company
PO Box 648
Charlottesville VA 22902
blair@slwilliamson.com
Cc. Martin Marietta Materials Inc
PO Box 8040
Fort Wayne IN 46898
marc.kmec@martinmarietta.com
WWW.ALBEMARLE.ORG
401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579
Albemarle County Planning Commission
DRAFT Minutes December 7, 2021
The Albemarle County Planning Commission held a public hearing on Tuesday, December 7,
2021 at 6:00 p.m.
Members attending were Julian Bivins, Chair; Rick Randolph; Daniel Bailey; Karen Firehock;
Jennie More; Tim Keller; and Luis Carrazana.
Members absent: Corey Clayborne.
Other officials present were Mariah Gleason, Senior Planner, Community Development
Department; Cameron Langille, Principal Planner, Community Development Department; Bill
Fritz, Development Process Manager, Community Development Department; Charles Rapp,
Director of Planning; Andy Herrick, County Attorney's Office; and Carolyn Shaffer, Clerk to the
Planning Commission.
Call to Order and Establish Quorum
Mr. Bivins called the meeting to order. He said the meeting was being held pursuant to and in
compliance with Ordinance No. 20-A(16), "An Ordinance to Ensure the Continuity of Government
During the COVID-19 Disaster." He said opportunities for the public to access and participate in
the electronic meeting will be posted at www.albemarle.org/community/county-calendar when
available. He asked Ms. Shaffer to call the meeting to order and establish a quorum.
Ms. Shaffer called the roll and established a quorum
Consent Agenda
Mr. Bivins asked if anything should be pulled from the consent agenda for further review.
Mr. Randolph moved to approve the consent agenda, seconded By Mr. Keller.
Mr. Herrick clarified that the motion was to approve the consent agenda.
Mr. Bivins confirmed that was what they were doing.
The motion passed 6-0.
Other Matters Not Listed on the Agenda from the Public
Ms. Shaffer said there was no one signed up.
ALBEMARLE COUNTY PLANNING COMMISSION
DRAFT MINUTES - December 7, 2021
1
Public Hearing
SP20190009 S.L Williamson Replacement Asphalt Plan
Mr. Cameron Langille introduced himself as a principal planner with the Albemarle County
Department of Community Development and said he would be giving a staff presentation on
SP2019-00009. He said that the special use permit subject property is identified in the County tax
records as Tax Map Parcel 88-18, located approximately one mile east of the intersection of Red
Hill Road and Route 29 or Seminole Trail. He said the property is owned by Martin Marietta
Materials, Inc. and measures 579 total acres. He continued that in the image presented on the
slide, the total parcel was outlined in yellow, and the special use permit acreage was only 4.4
acres. He said that area had a red rectangle around it on the map, and that encompassed the
area where the special use permit was proposed. He said this parcel was located Rural Area 4 of
the comprehensive plan and was commonly known as the Red Hill Quarry.
Mr. Langille pointed out Red Hill Quarry in the center of the property where they could see that
grading had occurred, noting that mining activity was currently happening there. He said the
southwest corner of the property highlighted in red was the area where S.L. Williamson currently
leased 4.4 acres and operated an asphalt -mixing plant. He said that surrounding uses adjacent
to this parcel included rural area, single family homes, and agricultural farmland; on the north and
northwest side of the parcel, there were undeveloped parcels that featured heavy vegetation.
Mr. Langille showed an image of the zoning of the subject property and the surrounding land and
said that all properties in this area, including the subject parcel, had a zoning district of RA. He
said the subject property was also located within two other zoning overlay districts. He stated that
the first was the dashed blue line on the slide, located on the subject property and some adjacent
parcels, which represented the flood hazard overlay district. He stated that the blacked dashed
lines seen on the subject property represented the natural resources extraction overlay district.
Mr. Langille showed an aerial image of the property and stated that it focused on the area with
the special use permit, noting the southwest corner of the parcel where S.L. Williamson had their
lease permit to operate the asphalt -mixing plant. He showed a 3D image where they could see
the equipment and the accessway that led into the site, providing more context as to where the
quarry activities occur in the central portion of the property.
Mr. Langille said the SP2019-0009 proposal was requesting approval for a special use permit for
the asphalt -mixing plant to operate on the subject property. He said in the natural -resources
extraction overlay district, operation of an asphalt -mixing plant required a special use permit and
was not permitted by right. He said that S.L. Williamson was requesting this permit because they
wanted to replace the existing operation with more modernized equipment. He said the current
asphalt -mixing plant was reaching its operational lifetime, and they needed to put in new
equipment to continue their business there. He said the replacement plant was going to operate
the in same location as the existing plant, and there were some associated improvements such
as vehicular travel ways, stormwater management, and other supporting structures that allowed
the asphalt to be mixed through that operation. He said as was noted in the staff report, there
were two special exception requests that went along with the special use permit. He continued
that one was a critical slopes waiver, and the applicant was asking for the waiver of the approval
to put structures and equipment over approximately 1,200 square feet of critical steep slopes. He
said there was also a waiver for a building site area and dimensions for requirement for a zoning
ordinance.
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Mr. Langille referenced an image from Attachment 4 of the staff report, which was a special use
permit concept plan. He said this showed what their proposed replacement plant would look like
and all of its associated structures and hardware. He pointed out that he had enlarged the central
area where most of the asphalt mixing would occur, and also shown was the replacement plant,
which was what was called a drum -mixing plant. He said it was different from the batch -type plant
that currently operated on this parcel, and the applicant would give more details on how the
asphalt was mixed. He said what was also shown on the slide was the different conveyor belts
and storage silos that supported the actual asphalt -mixing operation. He said the arrows
represented the accessways that went in and served this site, where vehicles would travel to
obtain and receive supplies for operations.
Mr. Langille stated that with the critical slopes waiver, there were some critical slopes on this
property, but all of them had been created primarily through manmade activities. He said that a
lot of the areas that showed up on the County's GIS system as critical slopes had actually been
created by placing land extraction activities that resulted in new slopes being created. He said
there were only a few improvements associated with the asphalt replacement plan that would be
located in critical slopes —six storage bins and one silo. He said that County staff had reviewed
this along with the County engineer, and the findings specified in the zoning ordinance were to
allow approval of the waiver request. He said this was an action for the Board of Supervisors, and
there was no action needed by the Planning Commission, but he wanted to mention it because it
was in the staff report.
Mr. Langille said that the other special exception that was proposed related to the County's
definition of a building site. He said that any development in the rural area needed to have a
building site that met certain dimensions and area requirements; specifically, it needed to be
30,000 square feet in total area and should be a rectangle where no boundary of that rectangle
exceeded a 5:1 dimension ratio. He said in this case, the building site measured 48,000 square
feet, so there was no problem there, but the lease area that S.L. Williamson had from Martin
Marietta was an irregular shape. He said he believed the average width of the special use permit
area was about 34 feet, but the total length was 784 feet, so it really exceeded the 5:1 rectangular
dimension ratio. He said that they also looked at this with the County engineer, the Virginia
Department of Health, and Planning staff, and they found that the waiver request met all the
findings specified in the zoning ordinance. He said if it were not granted, it would require S.L.
Williamson to possibly relocate some of the structures and other materials they would be installing
onsite, and that may encroach into their water protection ordinance with stream buffers, flood
plain, and work areas with critical steep slopes elsewhere on this property.
Mr. Langille said that as noted in the staff report, there were four favorable factors with this
request. He said the proposal was consistent with the purpose and intent of the natural resources
zoning overlay district, and they found that this proposed use would not create substantial
detriment to adjacent properties. He stated that the proposed use was consistent with the
character of the nearby area and was consistent with many of the recommendations, strategies,
and objectives of the natural resources and economic development chapters of the County's
comprehensive plan. He said that one favorable that he identified was that this use was slightly
more intense than what was typically recommended by the rural area chapter of the
comprehensive plan.
Mr. Langille stated that some ideas of other uses that were called for in the rural areas were low -
density single-family detached residences, meaning 0.5 dwelling units per acre. He said the rural
area chapter also called for some non-residential uses in the rural areas, but specifically, that was
agricultural activities, farmland, or forestry. He said this was more intense than that, but
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considering it was just upgrading an existing plant that had been in operation for about 60 years,
they found that unfavorable factor did not outweigh the favorable factors of this request.
Mr. Langille stated that staff was recommending approval of the special use permit, with five
conditions intended to establish performance standards necessary to keep this plant operating
and not create a substantial detriment to adjacent parcels. He said they also believed these would
protect the public's health, safety, and welfare. He said that the conditions seen there were similar
to those applied at the asphalt -mixing plant that S.L Williamson operated at the Luckstone Quarry
in the Shadwell area of the County, which was where they got the idea that they should be
consistent. He said the conditions were tweaked slightly to fit the hours and operation for this
specific site.
Ms. Firehock said she had a question about the expiration of the plant's use when the quarry was
no longer in operation. She said she completely understood that the source material for this
business was in the quarry, so it did not make much sense to permit it beyond the life of the
quarry —but the clause "no longer in operation" gave her a little pause. Ms. Firehock said she
wondered about a scenario where there were some financial difficulties that occurred at the
quarry, and they stopped operating it for a year. She asked if this would cause the special use
permit to be void, even though someone else bought the quarry and reopened it. She asked
because they had seen this in the County, where a use went dormant, and it was not that the
material was gone, but that the issues resided with the owners. She said she worried that they
would unnecessarily close it, even though the quarry was still viable.
Mr. Langille explained that the reason they had thought of this condition was specifically because
this property was only located in the natural resources extraction overlay district due to the mining
activities being permitted by right. He said if the quarry ceased to exist, the County would probably
take an action to remove it from the natural resources extraction overlay district, and the special
use permit would no longer be viable. He said if there were ideas for alterations to the conditions
that would address that, he would be amenable to discussing them as well.
Ms. Firehock said she understood that they still needed to hear from the applicant, but perhaps
they could put stipulations such as, should the quarry cease to operate for a period longer than
three years, or something like that, to allow for heirships, wills, and bankruptcy to come and go —
rather than only saying when it ceased to operate.
Mr. Herrick said that they could have a recommendation similar to what was in the non -conforming
section of the zoning ordinance to read something like, "This special use permit would expire if
the adjacent quarry use was discontinued for more than two years." He said that would be more
consistent with the non -conforming uses section of the zoning ordinance.
Ms. Firehock said that was what she had in mind
Mr. Bivins asked to hear from the applicant.
Ms. Blair Williamson introduced herself and said she would discuss their corporate replacement
project at the Red Hill asphalt plant. She said she was fortunate to be leading the local family
business that employed about 125 people as a third -generation heavy highway contractor,
primarily in the 40 miles around Charlottesville. She said their Red Hill facility was the most
important plant to them, and their plant located in this quarry was the oldest quarry in the Martin
Marietta Corporation, opened in 1939 to mine ballast rock for the adjacent railway. She said this
quarry produced an excellent non -polishing granite aggregate that was the main ingredient in
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plant -mixed asphalt, making up 95% of the volume of a ton of asphalt "mix." She said they were
lucky in Charlottesville to have very high -quality stone for highway work, as opposed to the valley,
where most of the aggregate was limestone and not suitable for highway work, interstates, and
primaries.
Ms. Williamson said their current asphalt plan was installed in 1961, prior to zoning regulations,
and had operated continuously since that time. She said they had enjoyed a quiet relationship
with their neighbors, and to her knowledge never had a negative incident with any adjacent
property owners. She said that the plant was now tired and had served them longer than they
could have hoped, so it was time to replace it. She said that plant technology had changed
substantially in 60 years, and they had the opportunity to replace it with the most current features.
She said this included changing their fuel source from recycled fuel oil to liquid natural gas, which
would allow them to burn the cleanest fuel available and cut their carbon footprint in half. She said
the new plant would be considerably quieter than the existing one and would result in a significant
reduction in dust. She said they were currently operating within DEQ air and stormwater permits,
but they were excited to be able to build a plant that would lessen their environmental impact. She
said because they were not contemplating changing any of the delivery of raw materials to the
plant, there would not be an increase in traffic.
Ms. Williamson said the plant would also have a truck -forward operation, so backup alarms on
trucks would be at a minimum. She said at present, every dump truck that was loaded was
required to back under the plant, and as trucks had gotten larger over the years, they could no
longer maneuver around the tight site as they were originally designed to do 60 years ago. She
said the adjacent quarry had the longest life ahead of it than any of the other quarries in the area,
with a minimum of 100 plus years of supply in its future. She said that although the site was
challenging from a layout standpoint of being long and skinny, it was crucial to the future success
of their company, as this was one of the only sites available in the County for their operation. She
said it was imperative that their ability to operate this site for the purpose of asphalt production
not be tied to the businesses of another company for which they had no control. She said she
respectfully requested that they remove the requirement that their use be predicated by the
operation of the quarry.
Ms. Williamson said she understood that the County would like them to minimize night work, and
nothing would make them happier, but they did a considerable amount of VDOT and municipal
work, and some of this work was mandated to be performed at night. She said the 90-day
maximum night work limit that was contemplated by staff's recommended conditions was
sufficient to accommodate their needs. She said she was hopeful that they would allow them to
replace their equipment with the latest and greatest technology and continue to serve the
transportation needs of this community. She said that Valerie Long from Williams Mullen was
representing them on this permit and would be presenting the project in more detail.
Ms. Valerie Long introduced herself and introduced members from their team there tonight,
including Amy George with Roudabush, Gale & Associates, a civil engineering firm that had
prepared the plans; and other representatives from S.L. Williamson, who could answer questions.
Ms. Long showed a slide with an exhibit from the manufacturer of the plant that S.L. Williamson
would purchase, called "Aztec," to the extent that it was helpful for the commissioners to see a
better image of what an asphalt plant looked like. She said when they talked about a "plant," that
was referring to the equipment, and she noted the coal feed bends that Mr. Langille had
referenced in his presentation, the control house, storage silos, and the drum mixer. She showed
a different vantage point that had the drum and silos and said she hoped this provided a better
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mental picture when they were discussing asphalt plants. She said the vast majority of this was
equipment structures, and the only building was a small control house where the operators and
the computers that ran the operation were located.
Ms. Long said they had conducted a noise study to assess the current levels emitted from the
plant, and their sound consultant was able to make predictions about the noise levels using the
specifications from the proposed plan. She said the summary was that the new plant was
projected to have no greater noise levels and substantially lower levels at the adjacent
boundaries. She said there were also some aerial images from about 18 months ago to
demonstrate the disturbance that had already occurred at the site during the 60 years it had been
in operation. She said for a vantage point, Red Hill Road was located off to the left of the screen,
and the settling ponds could be seen with the stream just beyond them. She showed a different
point where the trucks had to back up. She said at the new plant, there would be a truck -forward
circulation model, as Ms. Williamson indicated, that would not only be much more efficient but
would also substantially reduce the amount of backup alarm noises in use.
Ms. Long showed other aerial photos of the lot and said she would be happy to go back to them
at any point. She presented a color version of their concept plan, with the new circulation pattern
and layout of the equipment onsite. She stated that the small areas that were critical slopes
proposed to be disturbed were actually piles of aggregate and were not natural slopes. She said
unfortunately, the critical slope ordinance did not provide for any exemptions when they were
talking about steep slopes of aggregate material, so they had to apply for an official critical slopes
waiver.
Ms. Long stated that the area had been disturbed for over 60 years as part of the proposed
replacement of the old plant with the new plant, and their consultants at Roudabush Gale worked
closely with County engineer Frank Pohl to work out a planting mitigation plan. She noted that
even though they were not increasing the amount of the disturbed area onsite or any disturbance
into the buffer, a disturbance obviously had been there for 60 years —not only long before the
zoning ordinance but long before the water protection ordinance was adopted in the late 1990s,
so there was already disturbance of what was now the stream buffer area. She said they were
not encroaching any further into that area, but because some of that area would be better
improved with the new site, they worked out a planting mitigation plan, working with the County
engineer, so all those areas (which were now largely unvegetated) would be planted as part of
this project.
Ms. Long said the issue that Ms. Firehock raised was with condition number two, which tied the
life of the special use permit to the adjacent quarry. She said the questions and concerns Ms.
Firehock raised were the exact questions the applicant had been raising throughout this process,
and they shared those concerns. She said S.L. Williamson was investing approximately $6 million
in this new facility, and they did not expect the quarry would close down, as indicated, as they
forecast a very long life. She said in reality, it was probably not going to be a risk that they had to
worry about, but it was a significant factor because the quarry could shut down for a variety of
reasons. She said it was possible that if for some reason Martin Marietta were to close down, a
new company could come in and take it over, but they just did not know that yet, and S.L.
Williamson would not just be able to pick up its plant and move to a new location.
Ms. Long stated that there was no zoning district in Albemarle that allowed an asphalt plant by
right, and it was only allowed with a special zoning permit in two districts. She said one was heavy
industrial, and the other was the natural resources overlay district. Ms. Long commented that she
thought everyone could agree there was an extraordinarily low inventory of heavy industrial land
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in the community, and even if they could find one that was available for sale at a reasonable price,
S.L. Williamson would have to go through that entire process again. She pointed out that creating
a completely new plant would be a controversial and unpredictable —in contrast to this facility that
had been operating for six decades without issue, so they believed it was far more appropriate
that the plant be allowed to stay there.
Ms. Long said they appreciated the suggestion of a two- or three-year period, but even that was
very unnerving to the company because it was out of their control over whether a new company
would come in or not, and there was nothing in the ordinance that said an asphalt plant had to be
tied to a quarry. She stated that it said it was required by special use permit, but it did not say
anything about regulations for being adjacent to an operating quarry. She said they respectfully
asked that the Commission remove that condition, but all of the others they were comfortable and
happy with.
Mr. Randolph said he thought any discussion about potential discussions with a time limitation
was not appropriate for this body to entertain, and he felt it was a Supervisor issue if they wanted
to have a discussion with the applicant about it. He said he did not feel it in any way was related
to their decision about whether this was a special use permit or not.
Mr. Bivins said it would be helpful to consider the elimination of condition number two, to be able
to reconcile in his mind how a use such as a very valuable asphalt plant could continue to be in a
place that no longer had an extract overlay on it. He said there were just hypotheticals. He said if
the operation went out of business 100 years from now, and the County said they would no longer
have that overlay on the property, that would —by its sole action —put the existence of the plant
in jeopardy. He asked how they would begin to reconcile that.
Ms. Long said that if for some reason the quarry were to close, the County would not remove the
overlay district from it, it would leave it there in place, which would perhaps increase the likelihood
that a new company would come along and purchase it or restart operations. Ms. Long said that
as was stated, it was very high -quality material at the quarry, it was plentiful, and there were not
many locations in the area that had more —so it would be short-sighted of the County to remove
the overlay. She said they hoped it would stay and the plant could continue. She stated that it did
not reflect the realities of this business and the efficiencies associated with having the asphalt
plant on the same site as the quarry, which reduced transportation impacts and addressed a host
of other issues.
Ms. Long aid that it made sense, but in reality, there would be nowhere else for this plant to go.
She pointed out that it would have to go outside the County, where there was more heavy
industrial land and zoning restrictions were not as challenging as they were in Albemarle, resulting
in even more trucking of materials and higher environmental impacts, as well as 30 high -paying
jobs that would be lost. Ms. Long stated that for those reasons, it made sense to not require the
condition and for the County to keep the overlay in place as long as there were materials
remaining in the quarry, so they would not create the types of problems she had described.
Ms. Shaffer said there was no one signed up for public comment.
Mr. Bivins asked if Ms. Williamson would like to give some closing remarks. He said she did not
have to, but this was the time to do so.
Ms. Williamson said she appreciated their consideration and respected the fact that it was the
Board of Supervisor's purview to figure out the connection the quarry. She stated it was a major
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purchase for their company, and if she said to their banks that they could potentially shut down if
the company they were unaffiliated with closed, and they had no way to repay their loan, the bank
may not give them the loan for the facility. She said that was a major barrier, and she knew it
existed at their Shadwell plant, at the Luckstone plant on the other side of town, but luckily it had
stayed in existence, and they had paid for it. She said they were only one of the users of this
quarry, and it served incredible building and construction beyond them. She said even if the quarry
were not operating, they would get aggregate from another source and make material there,
because it was such an investment to build this plant, and it was not something that could be
moved around, although there were few possible locations.
Ms. Firehock asked the applicant if there was any estimate on how long the quarry would last.
Mr. Bivins said he believed they were told it was around 100 years.
Ms. Williamson said it would be around after their lifetimes, and perhaps for several more lifetimes.
She said if they had ever been to this quarry, there was still a mountain they were taking down,
and the other quarries in town were pits. She said they half a lifetime before it would be considered
to be made into a pit, and it was an incredible conserve of aggregate and an amazing resource
for the area.
Mr. Bivins said he was surprised to see, and he had a bit of a conversation about whether or not
there were statutes in the Commonwealth on how mines would be reclaimed, and whether they
would be deep mines, or quarries —and just this past October, that entire piece of legislation was
repealed. He said that was interesting to him to find out that their legislature just repealed an
entire suite of legislation around that issue. He said he was supporting this issue and agreed with
his fellow Commissioner that there was a piece of this that would be dealt with amongst the Board
of Supervisors as to whether there would be a sunset clause.
Mr. Randolph commented that the language of condition two was very vague. He noted that it
said the use of the asphalt plant authorized by this special use permit would expire when the
adjacent quarry was no longer in operation. He asked if there was a union shutdown of the plant
because of a union action, and the plant was not in operation, whether that then would mean that
the special use permit expired. He said he hoped it was not a hair trigger. He said he thought the
intention here was that the adjacent quarry's operations had been terminated, but even then, the
language did not address the applicant's well -taken point that if the business was terminated, it
may be an attractive asset for another company to own and operate. He said it could just be in
suspended animation for a period of time, and this did not mean this applicant should be put into
financial jeopardy because of that. He said it was something that the Board of Supervisors would
have to do to distinguish those final sets of conditions. He said he was unhappy with the existing
language and felt it was far too ambiguous.
Mr. Herrick said he had suggested language and shared it with Mr. Langille, who said he adjusted
his slide. He said the language suggested earlier to Ms. Firehock had now been incorporated.
Mr. Bivins said they would wait until they got to that point then
Ms. Firehock said that after hearing from the applicant as this pertained to their ability to get
funding for constructing this expensive new processing plant, she had a lot of sympathy for that.
She said she also understood the length of years for which the material would be available, and
with her experience seeing situations where quarries opened and closed because of changes in
ownership, she was in favor of entirely eliminating condition number two, and she did not believe
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it was above their pay grade, as Mr. Randolph said, she thought it was their job to make
recommendations to the Board of Supervisors, and they would do what they would with those
recommendations.
Ms. Firehock said that from her perspective, it caused more harm than was intended, and the
intent of staff recommending that was on the right track to make sure this plant was approved in
this area because it was tied to the physical extraction of material at this location. She said though
that it seemed that given the lifespan of this particular quarry, in more than 100 years, they would
not be saving any unnecessary hardships. She said she could not quite articulate it, but she
essentially thought condition number two was problematic enough, and while she understood the
clauses, it was very complicated to transfer ownership of a quarry other than a nonconforming
general store or something like that. She said she thought the simplest path would be to eliminate
condition number two, and staff certainly could forward their recommendation to the Board.
Mr. Keller said he agreed with Ms. Firehock and disagreed with Mr. Randolph about not weighing
in on certain things like this. He said he thought the Supervisors he had spoken with through the
years felt it was helpful to hear what the Commission had to say and had every right to disagree
and not go that route. He said he also supported Ms. Firehock's recommendation to remove that
condition.
Mr. Bailey said at a high level, he was excited about the upgrade and equipment, knowing that
the carbon footprint would be cut by going to a cleaner source. He said with respect to the
limitation, these things were tied together. He said this use had been there, and the Department
of Mines and Minerals had many defunct mine sites, especially in western Virginia, that were
sitting there empty. He said once a choice was made to mine those materials, they were limiting
its future potential value for that land to have other uses. He said there was some movement to
put solar panels on them in western Virginia, and to try and find other uses for them, and the
Nature Conservancy had done a lot of work across the central Appalachians to reclaim them for
different uses, but they always faced challenges with the previous industrial use of the area.
Mr. Bailey said from that perspective, he was not making a strong recommendation but would
caution them from making the asphalt plant move, and he did not know the cost of bringing in
other aggregate material. He said it was a 60-year-old site that had already created a footprint,
and to move it to another site did not make sense to him versus letting it continue to operate in
the quarry. He added that the log for the Board to mull over on tying the future viability of this
asphalt company to the operation of the quarry based on the environmental impacts that were
already established for that use and continuation of operation of the asphalt plant at that location,
as opposed to moving it to a different location. He said they would still have roads and need to
pave them around Charlottesville and this area.
Ms. More asked if the applicant could talk about the hours of operation.
Mr. Bivins said his recollection was that they did not object to the hours of operation. He said
some people put their thumbs up, so he said it probably was okay.
Mr. Randolph said he wanted to close with the thought about number two because he did not
want them to belabor the issue here, because the ultimate decision would lie with the Board. He
said he supported removing condition number two as well, as he did not think the language was
clear, and if the Board wanted to put it in there and figure it out with the applicant, they could do
that. He said he felt they had an excellent discussion here, and the application was better off
without that condition.
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Ms. Firehock said she would make a motion
Mr. Bivins said there were three motions
Mr. Herrick said there would need to be separate motions for the special exception request and
the special use permits, and he was not sure which the Commission would like to take up first.
He said it sounded as though most of the discussion had taken place around the special use
permit. He said that the Commission was free to modify and include the deletion of condition
number two if desired.
Mr. Bivins asked if they would still do two additional ones for each special exception. He asked if
Mr. Herrick's preferences were to separate them out as well.
Mr. Herrick responded that the cleanest thing would be to motion for each special use permit, and
then for each of the two exceptions.
Ms. Firehock asked for some clarity and said she was having laptop issues. She said this
particular motion for the use did include the four conditions that were in the staff report, which
went with the other one regarding special exceptions. She asked if that was correct.
Mr. Herrick said that was correct. He said the special exception recommendation by the staff did
not include any conditions. He said it was the special use permit that included staff -recommended
conditions.
Mr. Bivins said that if they were going to eliminate condition two, it would be on the special use
permit, if that was what they wanted to do moving forward.
Mr. Herrick said that was correct, and he noted that the motion on the screen currently did not
specify with the conditions recommended.
Ms. Firehock said she was going to reference them from the staff report in this motion. She said
she just wanted to be clear.
Ms. Firehock moved to recommend approval of SP20190009 S.L. Williamson Replacement
Asphalt Plant, including the conditions in the staff report numbers 1, 3, 4, and 5.
Mr. Keller seconded the motion.
Mr. Bivins asked if there was any discussion on what had just been moved. He said it was all of
the conditions except for number two, which had been eliminated.
The motion passed 6-0.
Mr. Bivins asked to see the special exceptions
Mr. Langille said he had no recommended motions other than for the Planning Commission to
recommend approval of both of those special exceptions.
Mr. Herrick said the motion could be as simple as moving to recommend approval of requested
special exception SE2021000036 for the first one.
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Ms. Firehock moved that the Planning Commission recommend approval of special exception
SE202100036.
Mr. Keller seconded the motion.
Mr. Bivins asked if there was further discussion. Hearing none, he asked for the vote to be called.
The motion passed 6-0.
Mr. Bivins asked if anyone would like to do a special exception for SE202100037.
Mr. Herrick said that would be for the Planning Commission to recommend approval for that
special exception request.
Ms. Firehock moved that the Planning Commission recommend approval of special exception
SE202100037.
Mr. Keller seconded the motion.
Mr. Bivins asked if there was any further discussion on this. Hearing none, he asked the vote to
be called.
The motion passed 6-0
Mr. Bivins said to Ms. Williamson that they moved forward their special use permit and the
elimination of condition two, but he would recommend that she and her counsel address those
before meeting with the Board of Supervisors.
Ms. Williamson said as a small business operating in this area, adjacent to Martin Marietta that
was a good partner to them but a giant company they had no control over, she appreciated the
County's sensitivity to that. She said they had operated for three generations and would like to
continue, and this was the perfect place for them to do so.
Mr. Bivins said as she and her counsel knew, this was one step in the process.
Ms. Williamson said she knew that, but this was a good first step and she appreciated it.
CDD Deputy Director's Report
Mr. Rapp said they were supposed to have a hearing on Rio Point several weeks ago, and they
ended up rescheduling it for later in December. He said they did have the meeting on December
1, and it was fairly light for Community Development. He said there was a public hearing for the
agricultural and forestal districts, the three districts that came before this Commission, and those
went forward as recommended.
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Adjournment
The Planning Commission adjourned its meeting at 8:06 P.M.
Charles Rapp, Director of Planning
(Recorded by Carolyn S. Shaffer, Clerk to Planning Commission & Planning Boards; transcribed
by Golden Transcription Services)
Approved by Planning
Commission
Date
Initials:
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12
Attachment D - SP2019-09 Revised Conditions as
Recommended by the Planning Commission
1. SP201900009 will be developed in general accord with the concept plan titled
"Proposed Layout Plan Special Use Permit SL Williamson Asphalt Plant @ Red Hill
Quarry." The Zoning Administrator may approve revisions to the concept plan to allow
compliance with the Zoning Ordinance;
2. Hours of operation of the asphalt plant will be between 7:00 a.m. and 12:00 a.m.,
Monday through Sunday, provided that for no more than 90 days per year, the hours of
operation may be between 12:01 a.m. and 12:00 a.m., Monday through Sunday;
3. Sound and noise attenuation measures will be provided as necessary to comply with
the County's noise ordinance (section 18-4.18);
4. Plant site lighting will comply with the County's outdoor lighting ordinance (section 18-
4.17). Height of the asphalt plant and all associated structures will be limited to 80 feet.
RESOLUTION TO APPROVE
SP201900009 S.L. WILLIAMSON REPLACEMENT ASPHALT PLANT
WHEREAS, upon consideration of the staff report prepared for SP 201900009 S.L. Williamson
Replacement Asphalt Plant and the attachments thereto, including staffs supporting analysis, the
information presented at the public hearing, any comments received, and all of the factors relevant to the
special use permit in Albemarle County Code §§ 18-30.4.02.2(2) and 18-33.8(A), the Albemarle County
Board of Supervisors hereby finds that the proposed special use would:
I . not be a substantial detriment to adjacent parcels;
2. not change the character of the adjacent parcels and the nearby area;
3. be in harmony with the purpose and intent of the Zoning Ordinance, with the uses permitted by
right in the Natural Resource Extraction overlay zoning district, and with the public health,
safety, and general welfare (including equity); and
4. be consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
hereby approves SP 201900009 S.L. Williamson Replacement Asphalt Plant, subject to the conditions
attached hereto.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
to , as recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Mr. Andrews
Mr. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKee)
Ms. Price
SP201900009 S.L. Williamson Replacement Asphalt Plant Special Use Permit Conditions
1. SP201900009 will be developed in general accord with the concept plan titled "Concept Plan,
S.L. Williamson Asphalt Plant @ Red Hill Quarry," dated August 19, 2019, and last revised
March 3, 2021. The Zoning Administrator may approve revisions to the concept plan to allow
compliance with the Zoning Ordinance;
2. Hours of operation of the asphalt plant will be between 7:00 a.m. and 12:00 a.m., Monday
through Sunday, provided that for no more than 90 days per year, the hours of operation may be
between 12:01 a.m. and 12:00 a.m., Monday through Sunday;
3. Sound and noise attenuation measures will be provided as necessary to comply with the
County's noise ordinance (section 18-4.18),
4. Plant site lighting will comply with the County's outdoor lighting ordinance (section 18-4.17).
Height of the asphalt plant and all associated structures will be limited to 80 feet.
RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR SE 2021-00036 S.L. WILLIAMSON REPLACEMENT ASPHALT PLANT
CRITICAL SLOPES WAIVER
WHEREAS, upon consideration of the Memorandum prepared in conjunction with the SE 2021-00036
S.L. Williamson Replacement Asphalt Plant Critical Slopes Waiver application and the attachments thereto,
including staffs supporting analysis, any comments received, and all of the factors relevant to the special
exception in Albemarle County Code §§ 18-4.2.3(b), 18-4.2.5(a), and 18-33.9, the Albemarle County Board
of Supervisors hereby finds that the proposed special exception would not be detrimental to the public health,
safety or welfare, to the orderly development of the area, or to adjacent properties; would not be contrary
to sound engineering practices; and
Strict application of the requirements of County Code § 18-4.2 would not forward the purposes of
the Zoning Ordinance or otherwise serve the public health, safety or welfare; and
ii. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes
of County Code § 18-4.2 to at least an equivalent degree; and
iii. Due to the property's unusual size, topography, shape, location or other unusual conditions,
excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of
critical slopes would effectively prohibit or unreasonably restrict the use of the property or would
result in significant degradation of the property or adjacent properties.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves the special exception to allow the disturbance of critical slopes in general accord with the Concept
Plan prepared by Roudabush, Gale & Associates, last revised on March 3, 2021, and submitted in connection
with SP 2019- 00009.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Ave Nay
Mr. Andrews
Mr. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKeel
Ms. Price
RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR SE 2021-00037 S.L. WILLIAMSON REPLACEMENT ASPHALT PLANT
BUILDING SITE AREA AND DIMENSIONS WAIVER
WHEREAS, upon consideration of the Memorandum prepared in conjunction with the SE 2021-00037
S.L. Williamson Replacement Asphalt Plant Building Site Area and Dimensions Waiver application and the
attachments thereto, including staffs supporting analysis, the recommendation from the Virginia Department
of Health, any comments received, and all of the factors relevant to the special exception in Albemarle
County Code §§ 18-4.2.2(a) and 18-33.9, the Albemarle County Board of Supervisors hereby finds that:
(i) the parcel has an unusual size, topography, shape, location or other unusual physical
condition;
(ii) no reasonable alternative building site exists; and
(iii) modifying or waiving the rectangular shape would result in less degradation of the parcel
or adjacent parcels than if those dimensions were adhered to.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves the special exception to waive the building site area and dimensions otherwise required by County
Code § 18-4.2.2(a), in general accord with the Concept Plan prepared by Roudabush, Gale & Associates, last
revised on March 3, 2021, and submitted in connection with SP 2019- 00009.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Ave Nay
Mr. Andrews
Mr. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKeel
Ms. Price