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Home My WebLink AboutSP200900028 Review Comments Special Use Permit 2009-12-30ALB��A T� �'IRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 December 30, 2009 Chris Schooley Nowak/Schooley Design 10 S. New Street Suite 1 Staunton, VA 24401 RE: SP 200900028 Augusta Lumber Tax Map and Parcels 99- 49A and 49A3. Dear Mr. Schooley: Fax(434)972 -4126 Thank you for your recent submittal received on November 2, 2009, for the review period beginning November 16`h for the above noted project. Staff has reviewed your submittal and requests additional information/corrections. Seven copies of the revised plan and one reduction no larger than 8 1/2 " by 14" need to be re- submitted reflecting /correcting the following comments. Planning: Comments reflect information available at the time the development proposal was reviewed, and should not be considered final. However, the reviewers have attempted to identify all issues which could affect approval of the proposed project. 1. Show setbacks between the storage structure and the proposed property line of TMP 99 -49A3. 2. Section 5.15 of the zoning ordinance shall apply (see attached). If one or more waivers of these standards are requested, I recommend that they be processed with this special use permit. The applicant's justification for the waivers will be included in the staff report that will be provided to the Planning Commission and Board of Supervisors. 3. Explain what is being stored in the building and if any noise generating machinery is used in the building . 4. SP 2001 -34 was approved with the following conditions: 1SP200900028 Augusta Lumber Comment Letter December 30, 2009 Page 1 1. Conditions of approval for SP 82 -09, as amended by SP 90 -61 and SP 91 -47, shall apply. 2. The subject storage shed shall be located on the property in general conformance with the sketch plan entitled "Augusta Lumber SP O1 -34," subject to standards within Section 5.1.15 of the Albemarle Zoning Ordinance. 3. The subject storage shed shall be restricted to the following purposes: a) storage of lumber b) sorting of lumber 4. No noise generating production equipment shall be used within the subject building. Please let me know what, if any, changes to the conditions that you believe would be necessary with the current special use permit application. Zoning: 1. Show setback distances from new building to proposed new property lines. It appears that they will need to request a waiver of the 100' distance requirement in Sec. 5.1.15 a. 2. This is the subject of a current violation for addition of new building without SP. This is to abate violation and enable a boundary line adjustment to add land to Lumber Yard site. Current Development — County Engineer: I have no issues with the storage of lumber in the barn. Fire / Rescue: Must comply with the Virginia Statewide Fire Prevention Code. Please contact me at your earliest convenience at either jmcdowell @albemarle.org or at 434/296 -5832 ext. 3249 if you have questions or require additional information. The next opportunity for re- submittal of this application is January 4, 2010 (3PM deadline). If no further re- submittals are necessary, the application would be scheduled for a public hearing before the Planning Commission no earlier than March 2, 2010. Sincerely, Joan McDowell Principal Planner, Rural Areas Attachment: zoning ordinance sections 2SP200900028 Augusta Lumber Comment Letter December 30, 2009 Page 2 CC: Augusta Lumber, LLC John O' dea, President 567 Charlotte Avenue Waynesboro, VA 22980 Vicente Arroyo 4287 Plank Road North Garden, VA Shenandoah Properties LC 502 Willoughby Lane Staunton, VA 24401 3SP200900028 Augusta Lumber Comment Letter December 30, 2009 Page 3 County of Albemarle Zoning Ordinance Sections 10.2.2 BY SPECIAL USE PERMIT (in the Rural Areas) The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance standards in 4.14). 5.1.15 SAWMILL, TEMPORARY OR PERMANENT Each temporary or permanent sawmill shall be subject to the following: (Added 10 -3 -01) a. No structure and no storage of lumber, logs, chips or timber shall be located closer than one hundred (100) feet to any lot line. Trees and vegetation within the one hundred (100) foot setback shall be maintained as a buffer to adjoining properties and uses, provided that during the last three months of operation such trees may be removed; b. No saw, planer, chipper, conveyor, chute or other like machinery shall be located closer than six hundred (600) feet to any dwelling on other property in the area; c. No sawing, planing, chipping or operation of other processing machinery shall occur between 7.00 p.m. and 7:00 a.m. No loading /unloading of wood/wood products shall occur between 12:00 midnight and 7:00 a.m.; d. All timbering and milling operations, including reforestation/restoration and disposal of snags, sawdust and other debris, shall be conducted in accordance with Title 10.1 of the Virginia Code and the regulations of the Virginia Department of Forestry; (Amended 10 -3- 01) e. All such operations shall be subject to the noise limitation requirements of section 4.18. (Amended 10 -3 -01) (§ 5.1.15, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) 5.1 SUPPLEMENTARY REGULATIONS The following supplementary regulations apply to referenced uses in all districts whether or not such uses are permitted by right or by special use permit. These supplementary regulations are in addition to all other requirements of this chapter, the Code, and all other applicable laws. Any requirement of section 5.0 may be modified or waived in an individual case, as provided herein: a. The commission may modify or waive any such requirement upon a finding that such requirement would not forward the purposes of this chapter or otherwise serve the public health, safety, or welfare; or that a modified regulation would satisfy the purposes of this chapter to at least an equivalent degree as the specified requirement; except that, in no case, shall such action constitute a modification or waiver of any applicable general regulation set forth in section 4.0 or any district regulation. In granting such modification or waiver, the commission may impose such conditions as it deems necessary to protect the public health, safety, or welfare. b. The board of supervisors shall consider a modification or waiver of any requirement of section 5.0 only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14 -226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (a), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (a). 4SP200900028 Augusta Lumber Comment Letter December 30, 2009 Page 4