HomeMy WebLinkAboutSP200800032 Legacy Document 2009-03-03COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
March 3, 2009
Terra Concepts PC c/o Steve Edwards
224 Court Square
Charlottesville, VA 22902
RE: SP2008-00032 Central Virginia Recycling
TMP 94-21 N and TMP 94-21 N1
Dear Mr. Edwards:
By a vote of 6:0, the Planning Commission recommended denial of SP -2008-00032 Central Virginia
Recycling Center based on the findings stated in the staff report. These include factors listed as
unfavorable, as follows:
The operation would cause noise and traffic that is uncharacteristic to this Rural Area.
The operation could exceed the maximum allowed noise standards in the Zoning
Ordinance.
The noise, both volume and duration, could disturb the neighbors.
The mulching operation would be of greater benefit to development occurring in both
Albemarle's Development Areas and in Fluvanna County.
The information requested by staff pertaining to groundwater, parking and traffic
generated from this operation has not been fully provided; therefore, the review is
incomplete.
And the following findings stated in the staff report:
• Use will be of substantial detriment to adjacent property.
o Potential impacts of the volume and length of time of noise from the operation.
o Potential impacts of dust and odor based on similar mulching operations.
o Potential for mulch piles catching on fire.
• Changes to the character of the district.
o Visibility of operation from neighboring properties.
o Impact of operation including traffic from heavy trucks and customer vehicles, and the
equipment running the wood mulching operation.
• Not in harmony with the purpose and intent of the ordinance and uses permitted by right in
the district.
o Use is of an industrial nature otherwise only permitted by right in the Heavy Industrial District
and is not consistent with the intent of the Rural Areas District and uses permitted by -right
there -in.
• Not in harmony with the public health, safety and welfare.
o Although intersection and entrance improvements to meet VDOT standards are proposed,
the truck traffic accessing the site is not customary for this area and safety is a concern for
trucks using Route 794.
o Potential for mulch -pile fires.
Commissioners also noted the following additional concerns in making their recommendation for denial:
• The proposed operation has grown and become incredibly intense. It is not just the tub grinding of
material being brought in and wholesaling it. This would be a retail enterprise along with the repairing
of trucks and a manufacturing process with the coloration. This is not the intent of the Rural Areas
and the Rural Areas needs to be protected.
• The potential groundwater contamination from the colorants needs to be addressed. DEQ has not
commented on this contamination issue.
• The traffic is understated. The Commission does not have a full handle on the traffic impacts.
• This proposal is a great idea, but in the wrong location. The existing surrounding rural residential area
was here first and must be taken into account. (Staff and/or a Planning Commissioner made three
trips to similar operations in VA. The land used for the operation in each case had been zoned a
minimum of light industrial prior to the decision to operate a mulching facility.)
• This should not be viewed as a saw -mill or wood yard because of the treatment going on. There is a
risk of contaminating the ground water in a sensitive area.
• Potential for injury as grinder might "throw" large pieces of wood hundreds of feet.
• Potential for contaminated material to be brought on site.
• Noise tests were conducted in the summer when trees were leafed out.
• Question of whether the amount of water needed for this use will deplete the wells of surrounding
property owners and other owners as far away as Running Deer Drive, where property owners have
long reported well issues.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on March 11, 2009.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
Sincerely,
Joan McDowell
Principal Planner
Planning Division
JM/SM
cc: Central Virginia Recycling Inc - Ken Vess
2330 Commonwealth Drive
Charlottesville, VA 22901
Outdoor Theater Land Partnership
P O Box 108
Free Union Va 22940