By. Brent Wilson, Field Officer
Greene County’s Apex Corporation / Larry and Barbara Hall requested an extension of their Special Use Permit (#15-004) to make up for delays that has impacted their recycling operation north of Lowes off Route 29 southbound at the May 12th Board of Supervisor meeting.
The original SUP (#14-006) was approved on May 27, 2014. The Planning Commission approved the revised SUP last month with only the elimination of the screening requirement being changed.
Brent Hall spoke for his parents and explained that it has taken 8 months to get the site plan approved. Rapidan Service Authority (RSA) continues to be an issue to be resolved. Hall is requesting that the SUP be extended by 8 months and that the screening requirement be eliminated since it would actually require the cutting down of existing trees and replacing them 6 foot high trees which would not be as high.
The hearing was then open to the public but no one signed up to comment. The hearing then shifted to the Board. Supervisor Davis Lamb (Ruckersville District) stated he attended the Planning Commission meeting last month and he agreed with the Planning Commission’s approval of the extension. Supervisor Eddie Deane (At Large) apologized to the applicant for not noticing that requiring the 6’ evergreens wouldn’t make sense.
Hall was asked to clarify the issue with RSA and he explained that first he had been connected to RSA but then they disconnected his operation. Lamb asked the Board who should be providing water to the property – RSA or Greene County? Supervisor Bill Martin (Stanardsville District) stated that the Halls would need an EDU (Equivalent Dwelling Unit) to access water. Hall stated that they currently own 13 EDUs so that was not an issue. The issue is that he doesn’t want to use an EDU for a temporarily use. Supervisor Jim Frydl (Midway District) interjected that the source of water was not part of the SUP. But if they did not want to use an EDU to hook up then they would need to secure their water from RSA. Deane was sympathetic to the Halls problem and that they pay over $60,000 in taxes to the county and “we don’t want to push businesses out of Greene.”
Frydl addressed Hall’s reference to how Albemarle County would be more accommodating than Greene County. However, Frydl stated that zoning violations in Albemarle County are fined $200 and then there is an ongoing fine of $500 for every 6 days that you are in violation. Greene County however allowed the Halls to not be fined before they received their original SUP. Frydl further addressed the charge of the county delaying the process by 8 months. According to his research, the county took 55 days to handle the SUP. Other departments, such as the Health Dept., caused the additional delay. So for that reason Frydl stated he could not support the extension to the SUP.
Martin understood why there is no need to replace the trees per the original SUP. However, he did not see the need to extend the SUP, similar to Frydl’s position. Chairman David Cox’s only comment was that he agreed that the 6’ trees should not have been required.
The final issue discussed was whether there was a need to require a performance bond to ensure that the land would be returned to an acceptable level for A1 zoning. Martin asked Zoning Administrator Bart Svoboda what is needed and what the cost might be. Svoboda answered that there is a fee based on acreage but that the potential removal of rock would have to be investigated to see what costs might be involved. Cox asked Hall if he knew what the cost might be. Hall said he didn’t plan on leaving any material but there was already and ENS bond to protect the land which should suffice for stabilizing the property. Cox commented that he didn’t see the need for a performance bond.
With no other comments Supervisor Deane proposed that the extension be approved for the SUP. Lamb seconded the motion. Frydl and Martin voted against the SUP, with Deane, Cox and Lamb voting in favor of the SUP extension. therefore the Halls will have until February, 2017 to finish their recycling operation.
As the meeting was moving on to the next agenda item and the Halls were exiting the meeting, Deane addressed the Halls by stating – “don’t leave us” in asking the Halls not to move their development out of Greene County.
Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization.
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