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HomeMy WebLinkAbout2/3/2009 - Minutesry *4 emudtt q (/ (& PLANNING COMMISSION Commissioners Present: Mr. Steve Azar Ms. Martha Hooker Mr. Gary Jarrell Mr. Rodney McNeil Mr. David Radford February 3, 2009 Staff Present: Mr. Philip Thompson, Secretary Mr. Paul Mahoney, County Attorney Mr. Arnold Covey (Evening Session only) Mr. David Holladay Mr. Chris Patriarca Ms. Lindsay Blankenship Ms. Amanda Micklow Mr. Tarek Moneir (Work Session only) Mr. Tim Beard (Work Session only) Mr. John Murphy (Work Session only) Ms. Megan Cronise (Work Session only) Ms. Becky Meador, Recording Secretary WORK SESSION: Ms. Hooker called the work session to order at 4:00 p.m. Approval o f Agenda Mr. McNeil made a motion to approve the agenda, which passed 5-0. Approval of Minutes Mr. Jarrell moved to approve the minutes of January 6, 2009, and January 20, 2009, which passed 5-0. Approval of Consent Agenda Mr. Beard updated the commission on the Edward Rose Properties petition. He showed a PowerPoint presentation with photos of the property. He distributed copies of the site rendering. The proposed development is on a phasing schedule, with build-out anticipated for 2015. A second community meeting is scheduled for Thursday, February 12, 2009. The community meeting notice included the county disclaimer, as suggested by Supervisor Church. Update on Adams Construction Company Public Hearing There was discussion of the logistics for the evening's public hearing. Ms. Hooker will call three (3) speakers at a time to give them time to come from overflow seating if necessary. A break was planned for approximately one and one/half to two (1 1 /2 to 2) hours into the meeting. Other breaks will be taken as necessary. Request to Appear forms will be accepted through the first break only. This will be announced at the start of the meeting and before the break. There are staff members and police officers on duty to assist with direction of traffic. Fire Marshals will be present to determine if/when the building is a full capacity and to assure all aisles remain clear. Page 1 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 The commissioners asked Mr. Mahoney to help guide the legalities of the public hearing and voting as necessary. Mr. Mahoney suggested that one (1) vote for this request may be clearer, Mr. Holladay distributed a packet of emails received through approximately noon on February 3, 2009. Ms. Micklow catalogued the issues raised and comments on a spreadsheet, with a corresponding bar graph. There were sixty-eight (68) comments in opposition and seventeen (17) comments in support of the petition. These will be presented into the record. The commissioners were given a recent memo from Mr. Mahoney regarding a Board of Supervisors work session on the county's noise ordinance. Mr. Holladay felt the memo would be informational for concerns of the noise level produced by an asphalt plant as referred to in the Petitioner's application. Eighty-five to ninety (85 to 90) decibels is the level at which the Occupational Health and Safety Administration (OSHA) requires ear protection. It was noted that back-up alarms on equipment cannot be regulated by condition, as this is an OSHA requirement. Mr. Holladay also distributed a rendering of a cross-section of the proposed berm designed for screening of the asphalt plant and "before and after" photos of the site. The rendering shows a wide, gradual sloping berm. The photos showed the current views of the site, as well as models representing the site views after construction. The modeled photographs showed the blue water tank and silo painted green, the removal of one structure, and additional screening with mature trees. It was noted that the trees would be approximately six (6) feet in height at planting. Mr. Holladay stated that the Fire Department's concern with the petition was the placement of a diesel fuel tank to fuel the on-site equipment. It was noted that the trucks would not be fueled on site. Todd Maxey of Fire and Rescue has been interacting with Adams Construction Company and the issue has been rectified. The Fire Department will issue a permit for the tank. Mr. Holladay advised the commission of the revised metes and bounds for the petition. The actual acreage affected is 11.903 acres. The legal advertisement indicated 12.237 acres; however, a decrease is legally permissible. After the final survey was completed, it was determined that the acreage proposed for rezoning was not as much as originally believed. Mr. McNeil stated that many citizens at the community meeting believed the county is proposing the asphalt plant. He was concerned with the misunderstanding of the process and misconceptions. Mr. Mahoney stated that should these issues arise at the public hearing, he would review the procedures for filing a petition. It was noted that the Petitioner may address this issue during their presentation. Commissioner and Staff Comments Mr. Thompson stated that, upon Ms. Meador's departure, Ms. Susan Carter will be the new Planning Administrative Assistant beginning Monday, February 16, 2009. With no further comments, Ms. Hooker adjourned the work session at 4:57 p.m. There was no site-viewing this evening. EVENING SESSION: Ms. Hooker called the Public Hearing to order at 7:01 p.m. She gave the invocation and led the pledge of allegiance. Page 2 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 Ms. Hooker acknowledged Supervisor Church's attendance at the meeting, noting that Supervisor Moore wished to attend, but was unable due to illness. She also reviewed "housekeeping" issues for the public hearing. Mr. Radford announced that he is an employee of English Construction Company, who has ties to Adams Construction Company. He stated he would be abstaining from the evening's hearing to avoid any possible appearance of conflict of interest and departed the meeting at 7:08 p.m. Mr. Holladay presented the staff report to the commission, describing the required screening and landscaping. He stated that the Petitioner proposes a buffer yard around the entire property. Foxhall Properties, LLC has a contract with the City of Salem to purchase Salem's old, currently vacant water treatment facility. Mr. Holladay stated that a community meeting on the petition was held on January 22, 2009. Approximately two hundred (200) citizens attended, the majority of which were opposed to the petition. Reasons for opposition included: truck traffic, dust, noise, impacts on property values, tax incentives, wrong location, proximity to neighborhoods and schools, hours of operation, air pollution, uncertainty about the size of the operation, fuels to heat the asphalt, and fear of other heavy industrial uses in Glenvar. Mr. Holladay informed the commission that (through noon on February 3, 2009) sixty-eight (68) emails and letters have been received regarding the petition, Fifty-eight (58) of these specifically state opposition, twenty (20) asked about a better location, forty (40) noted the schools, twenty- one (2 1) referred to the nursing home, eighteen (18) referred to traffic, air quality was mentioned thirty-five (35) times, the environment was mentioned eighteen (18) times, and one (1) correspondent noted he would move. Additionally, there were seventeen (17) letters of support received. He noted that homes on Crossmill Lane are less than six hundred (600) feet from the site. He reviewed the zoning for properties adjoining the site. Properties to the northeast are zoned 1-1, Low Intensity Industrial. Properties across West Main Street are zoned 1-2, High Intensity Industrial, Properties to the southwest are zoned C-2, General Commercial. Properties to the north and west have residential zonings. Mr. Holladay reviewed the thirteen (13) proposed conditions for the Special Use Permit and additional two (2) proffered conditions for the rezoning. He described the permitting process by the Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Transportation (VDOT). He discussed that the Planning Commission and Board of Supervisors should thoroughly evaluate the petition to determine conformance with the Roanoke County Comprehensive Plan, zoning ordinance, and county policy, and whether or not there is a minimum adverse impact to the surrounding neighborhood, Ms. Hooker inquired about comments of the Fire and Rescue Department indicated on the staff report. Mr. Holladay informed the commission that the Petitioner has been in contact with Mr. Todd Maxey of Fire and Rescue, Mr. Maxey has advised that the diesel fuel is the only material that would need to be permitted by the Fire and Rescue Department. There would be a fire suppression system. Ms. Hooker asked how the citizens' concerns have been taken into consideration by the Petitioner. Mr. Holladay described that the proposed conditions address the size of the plant, emission/dust control, noise levels, and aesthetics. He stated that natural gas will be the only fuel source used for heating the asphalt, as it is the cleanest burning. Mr. McNeil suggested a summarization of the differences between an 1-1 and an 1-2 district. Mr. Holladay reviewed the regulations for both districts, noting examples of industrial uses from Page 3 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 each. Mr. Jarrell asked about the process for measuring dust. Mr. Holladay deferred to the Petitioner; however, stated the plans indicate a fixed sprinkler system throughout the storage yard and a filter house for the materials. This system catches the dust and returns it to the asphalt mix. Ms. Maryellen Goodlatte, counsel for the Petitioner, presented the application and rezoning/Special Use Permit request. She explained that Adams Construction Company has been building roads since 1942 and has been involved in almost every highway system in Virginia. The Petitioner has a contract to purchase the property and wishes to use the twelve (12) rear acres for an asphalt plant, which would be contained within a buffer of berms and landscaping. She described Adams Construction Company's other locations and stated they have been looking for a location in this part of the county for some time, noting that hot asphalt needs to be close to the point of use. She commented that the parcels adjoining the site are industrial properties and that a Special Use Permit allows the County to decide how to condition the usage. She stated that the Petitioner is in agreement with all thirteen (13) proposed conditions. She reviewed the site plan and indicated that the visible cell tower is not part of the property. Ms. Goodlatte showed the commission and audience where turn lanes would be constructed for both entry and egress. The Petitioner has worked with VDOT on the design for the turning lanes and does not anticipate any difficulties with their permitting process. She noted that an asphalt operation is seasonal and are shut down, roughly from December through April. Ms. Goodlatte stated that the diesel fuel tanks hold eight thousand (8,000) gallons of fuel. She displayed photographs of the existing structures and described how the proposed plant would have a continuous path around the plant and how the trucks would travel on site. All activity is to take place within the buffers. She commented that the views of the site would basically stay the same, except for the painting of the structures to better compliment the environment. Ms. Goodlatte stated that the existing structures were taken advantage of, as well as the noise levels and visual impact. She stated that some paving is done during nighttime hours, so there would be some operation during this time; however, the Petitioner has conditioned a noise level of eighty-five (85) decibels, lower than required by the Occupational Safety and Health Administration (OSHA). She noted that normal conversation is around sixty (60) decibels. She addressed other topics, such as the smell neutralization demonstrated at the community meeting and how the DEQ will regulate the dust and emissions control. She stated that the plant would operate cleanly and efficiently. Mr. Azar asked how this plant would differ in operation from the Petitioner's other plants in Roanoke County, Roanoke City, and Blue Ridge. Mr. Rick James of Adams Construction Company answered that this plant is not as large as the Blue Ridge plant. Also, the Blue Ridge and Woodhaven Road plants have four (4) storage silos. The Clearbrook plant has two (2). He stated that none of their other operations carry as many conditions; however, they have agreed to all thirteen (13). No other locations have a sprinkler system. Paving of the interior road should reduce dust by 85%. He added that the Blue Ridge and Clearbrook plants are approved to run on diesel fuel, but they use only natural gas for all of their operations in this region, Mr. Jarrell questioned the traffic flow pattern for the asphalt trucks and if there would be an issue with the trucks not loading fast enough to cause a back-up onto Main Street. Ms. Goodlatte stated that was considered in the continuous, one-way design. She noted that there are approximately fifty (50) truckloads per day on average. The busiest time of the day there may be twelve (12) to fifteen (115) trucks at one time. She noted the plans call for plenty of room to stack eleven (111) trucks in a single lane, with room enough to double-stack if necessary. Page 4 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 Ms. Goodlatte introduced Mr. Art Nunn, President of Air Compliance Group of Roanoke, who has been an air quality specialist for thirty-three (33) years. He is a chemist and environmental scientist. He has a Master's Degree in Environmental Science from George Washington University. He offered to stay after the meeting to answer any questions. Mr. Nunn felt there has been a great deal of information circulated that has caused concern and outright fear. He voiced his opinion that these fears are unnecessary and stated his belief that this would be a very minor industrial facility with negligible impact on air quality. He stated there are several different types of asphalt plants and that technology has been updated. He believes that the modern, drum-mix plants have greatly improved dust control and detailed the differences from the old batch plants. He feels the new technology virtually eliminates toxins. He described the comparison of a 1985 Mack truck versus a 2009 Toyota Hybrid Prius. He stated that the Environmental Protection Agency (EPA) has done exhaustive studies and created standards to protect citizens from toxic air pollutants. He noted that the proposed plant would operate within these standards, which the EPA and OSHA will regulate. Mr. Nunn described the modeling process done to estimate the emissions from the proposed asphalt plant. The model used the worst-case scenario of running at full capacity, twenty-four (24) hours per day, seven (7) days per week. He displayed graphs of the results, some of which were almost at zero. He noted that, mathematically, zero can never be reached. He also showed graphs of other pollutants and toxins, some of which were much higher than those of the asphalt plant. He stated that the emissions from this type of plant would be miniscule and of no impact. He said that the school bus refueling facility at the Glenvar schools complex is certainly more of a hazard than the plant would be, noting that the refueling program should not be a concern either. He believes that media articles on air quality, written without taking a single air sample, regrettably flame people's fears unnecessarily. The commissioners felt Mr. Nunn gave a thorough report, answered a lot of its questions, and addressed concerns. Mr. Joe Glick, principal of Skyline Middle School in Harrisonburg, addressed the commission. His school, along with an adjoining elementary school, is adjacent to the Petitioner's asphalt plant in Harrisonburg. He stated that the pictures are a little misleading due to the height from which they were taken. There is a thirty (30) foot berm between the plant and the school. He said they cannot see the plant from the school, but the three (3) towers are visible. He stated that he requested to come and speak in support of the Petitioner and feels they are been tremendous neighbors. Adams Construction Company installed a fence and landscaping to better protect the students that pass their facility while walking to school. Mr. Glick stated there are 1,038 students in the middle and elementary schools complex where he is principal of the middle school. He noted that not one expression of concern has ever been brought to him or the school nurse in regard to the asphalt plant. He stated their school has not seen any increase in asthma diagnoses or attacks, noting that their attendance rate is higher than that of the Glenvar schools. He affirmed there has been no noise or odor from the facility, even at outdoor sporting events during the heat of September. He stated that the entrance to the school is approximately 400-500 feet from the plant's entrance and he never sees the trucks. Mr. Glick stated that his school is new and was built after the asphalt plant. He feels the plant causes no interruption to the learning environment and his school is safe. He did not know if the Harrisonburg School Board had concern with the location, as he had not been hired yet during the planning phase. The commission thanked Mr. Glick for driving from Harrisonburg and speaking at the meeting. Ms. Goodlatte confirmed that the proposed asphalt plant is not a replacement for the Petitioner's Woodhaven Road facility and they are receiving no monetary contribution of any kind from Page 5 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 Roanoke County. She stated that Adams Construction Company has been looking for a site in this area for quite some time. Ms. Goodlatte, Mr. Scott Hodges of Hayes, Seay, Mattern and Mattern, and Mr. James answered further questions from the commission, stating that: Route 11/460 was built for a higher load limit than Interstate 81 due to the industrial zoning of the area; the proposed berms would be six (6) feet in height with trees that would reach full maturity at approximately six (6) feet, in about six (6) years; nighttime operations will adhere to the noise ordinance/conditions; the backing up of trucks will be minimized by the continuous, drive- through circle; the plant would not run day and night shifts, only one per day; and warning device alarms are regulated by OSHA and are exempted from the County noise ordinance as required. Ms. Goodlatte affirmed that the Petitioner would work with the County to make sure they meet all codes. Mr. Holladay noted that the landscaping is checked at inspection. There was a short break from 8:57 p.m. to 9:10 p.m. Requests to address the commission were no longer accepted after this time. Mr. Herman Lowe, 4852 Warrior Drive, Salem, spoke on the petition. He is a citizen of the Catawba District, but tonight wanted to speak as a citizen of Roanoke County. He felt this was an issue for the entire county. He asked the commission how they would feel if an asphalt plant was coming to their neighborhood. He stated he worked for the Virginia Department of Transportation (VDOT) for over thirty-four (34) years. He stated that he knows that technology has changed, but felt it is almost impossible to completely eliminate the odor. He felt this would be the same noise level as the Koppers Plant. He stated he can hear back up warnings from Koppers from his Cherokee Hills home. He stated he has seen school buses in the area. He voiced his concern of the trucks not slowing down and the release of pollutants into the air. He felt these issues are safety hazards for the children of the community. He thanked the commission for the opportunity to speak. Ms. Beth Stec, 4735 Cherokee Hills Drive, Salem, spoke. She is a registered nurse and has asthma, as well as a child w/ asthma. She stated the proposed plant is a big concern for her. She works with pulmonary patients with lesions or masses in their lungs. She stated that asthma has increased and found it difficult to believe that Mr. Glick's school has had no asthma attacks this year. She stated that her child has been admitted to the Intensive Care Unit as the result of asthma attacks, Although Adams Construction Company stated that chemicals would be contained, she felt the chemicals would still be a hazard when they left on the trucks. She stated that USA Today indicates Glenvar schools are in the top 25% for air pollution nationwide. She also voiced concern for nursing home patients with pulmonary diseases. Mr. Bob Crawford, 6620 Shingle Ridge Road, Roanoke, read and presented to the commission a resolution requesting denial of the petition by the Roanoke Group of the Virginia Chapter, Sierra Club. He is a Roanoke County resident representing the Roanoke Sierra Club. He stated that Principal Glick has only been operating his school since the end of August; however, asphalt plants are closed during winter months, so he felt Mr. Glick's opinion was based on a very short timetable. Mr. David Shelor, 5502 Glenvar Heights Boulevard, Salem, stated that he opposes the rezoning, and then relinquished his time to Mr. Charles Landis. Ms. Sue Williams, 5285 Glenvar Heights Boulevard, Salem, relinquished her time to Mr. Charles Landis. Mr. Charles L. Landis, 5268 Glenvar Heights Boulevard, Salem, has been a resident and property owner since 1978. He thanked the commission and all the citizens present for their Page 6 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 efforts. He stated that he had studied the staff report and felt it states the main issue is to determine if the project will have a minimum adverse action on the community. He called attention to the plat map and suggested that there are no areas zoned 1-2 west of Route 11/460. He voiced his opinion that changing the zoning to heavy industrial would set a bad precedent. He feels a liquefied asphalt plant will be a detriment to the area. He feels there are clean, desirable, environmental alternatives, not in the class with an asphalt plant. He agreed that everyone wants business to generate revenue, but wants to work with the county to attract clean, desirable businesses. He also felt the existing zoning provides a buffer and that rezoning the site would create spot zoning. He felt changing the area to heavy industry would be disastrous. He respectfully asked the commission not to grant the petition in order to protect quality of life and to attract desirable businesses to the area. Mr. M. J. O'Brien, Jr., 3980 West Main Street, Salem, spoke in support of the petition. He is the president of Salem Stone Corporation, whose office is within five hundred (500) feet of the proposed site. He stated this is a land use issue, rezoning from 1-1 to 1-2, and that the area is not a residential neighborhood. He noted it is already an industrial zoned area and the Roanoke County Comprehensive Plan encourages continued industrial growth there. He told the commissioners not to be misled by scare tactics. He felt if any of these were truths, there would be no asphalt plants in the entire country, let alone near a school. He said he has worked with Adams Construction Company for over forty (40) years and feels they are of the highest moral standards. He felt that Adams would not propose asphalt plant if it would be injurious to the health of the surrounding area. He feels Adams would do an outstanding job of protecting the environment and enhancing this vacant site, Mr. Richard L Kaulback, 5115 Blackhawk Circle, Salem, spoke in opposition. He stated he was not present to talk about noise and dust, but wanted to inform the commission that the citizens wish to keep the land use west of Route 11/460 zoned 1-1 and used for commercial and residential purposes. He stated that a lot of people are opposed and asked the commission if they wanted the wishes of their constituents or to go their own paths. Mr. Chris Poulton, 5158 Arrowhead Trail, Salem, is opposed to the petition. His home is 0.7 mile from the site. He felt he is a stockholder of the community by paying taxes. He attended the community meeting expecting to hear a business case and benefits to their home values and quality of life. Instead he heard an explanation of why it is better to live next to an asphalt plant today, as opposed to 30 years ago. He asked the commission to please vote "no" or pass the petition on to the Board of Supervisors and let the elected officials make this decision. Mr. Barry Garst, 5251 Cherokee Hills Drive, Salem, spoke in opposition, representing his family and the Cherokee Hills Board of Directors. He questioned what land use is in the best interest of the area. He stated there could be a discussion about family-friendly development. He raised issues about school bus traffic, stating he has seen a lot of school buses on the route, as well as older adults being transported from Richfield and the daycare at the church. He asked that Planning Commission do a thorough job. On behalf of the Cherokee Hills Board, he respectfully requested the commission deny this application. Ms. Diane Beason, 5198 Poor Mountain Road, Salem, spoke in opposition. She stated the Beason family has been in the Glenvar area since there was a dirt road. It was the gateway to the west and still is to Christiansburg and Blacksburg. She feels the area has great potential for small business development. She questioned why Adams Construction Company was locating this plant on their main street. She stated it would undermine the tax base. She voiced doubt that the school in Harrisonburg had any other option to build. If this can be so pleasing, she felt Page 7 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 they could put berms and trees around the one off Peters Creek Road and leave it there. She asked the commission to decide what's best for everyone involved. Mr. Fred Wesley Lester, 4903 White Eagle Lane, Salem, has lived in Cherokee Hills for ten (10) years. He has three (3) children. He stated they love it and wish to continue living there. He stated that certain smells, like the one from the Koppers plant, give him migraines. He felt he would have to stay inside with the windows up. He voiced concern for other vulnerable people on the road with traffic. He has serious concern about his family traveling by asphalt trucks all day. He asked the commissioners if they would recommend someone live there with this plant or what if their families lived there. He stated that he looks to the Planning Commission to make and enforce zoning laws to protect citizens from this very thing. He asked the commission to make a wise choice with citizens in mind. Ms. Sue Trinchere, 2149 Stone Mill Drive, Salem, lives in the Woodbridge subdivision and has been a member of the community over twelve (12) years. She has three (3) children in the school district. She is in opposition of rezoning. She stated she appreciates Mr. Nunn's research and Adams Construction Company; however, even "some" pollutants are too many. She felt Mr. James (of Adams Construction) agreed to thirteen (13) requirements because this is a "different kind of site". She worries that this rezoning would lead to other types, of the same. She felt the county should be looking for growth in the community. She told the commission if they are truly representing the citizens' best interests, they must deny the request. Ms. Donna Stanley, 4723 Lakefront Drive, Salem, lives behind the Glenvar schools. She has lived there since 1992. She stated that her family has many illnesses from the air quality there now. She is afraid her family's health would continue to deteriorate. She hoped the commission would deny the recommendation, Ms. Dawn Smith, 4710 Lake Front Drive, Salem, spoke in opposition. She and her husband chose Glenvar to raise their family. She feels they are one big family in the community. She stated Glenvar has always been a desirable area where homes sold in days before the economic downturn. She asked how long the new type of asphalt plants have been in existence and how they have been measured. She said that Adams' own chemist stated there is no such thing as "zero" pollutants and feels they can't take the risk. It deeply disturbs her that they would consider locating the plant there with Glenvar Elementary School only 1,700 feet from the site. She felt the children would be exposed 24/7. She stated her highest priority is to her children and the county's priority should be to its citizens. Mr. Dwayne Smith, 4710, Lake Front Drive, Salem, opposed the petition. He does not want to see a rezoning and feels it will hurt their area. Mr. John Vess, 522 Ingal Boulevard, Salem, thanked the commission for letting him speak. He has lived in the area for thirty (30) years and both he and his wife have battled cancer. He stated he doesn't know how much comes from the air quality, but is sure some does. He feels any amount is too much. He stated that systems fail and he feels repairs to the equipment would add to the pollution in the area also. Ms. Connie Ramsey, 4836 Warrior Drive, Salem, presented the commission with a letter from the Greater Roanoke Valley Asthma and Air Quality Coalition, sign by Joseph R. Tamez, MD and Sara W. Southard, PNP, BC, AE-C. The letter stated opposition from the standpoint of the health of children, elderly and all residents. It listed adverse affects of toxins believed to be emitted from an asphalt plant and asked that the county consider the serious consequences of Page 8 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 adding this plant. Ms. Ramsey stated that winds take the air surrounding Glenvar to the rest of the valley, which increases risks whether great or small amounts. She added that trucks run on diesel, which affects people with allergies, She feels going up and down hills increases the black smoke from the stacks. Mr. Thomas S. Ramsey, 4836 Warrior Drive, Salem, thanked the commission for being afforded the opportunity to present his concerns. He thanked Charles Landis. He stated he had a whole list, which had already been covered. He stated, if he were on the Board, he would ask what benefit and value rezoning this property to 1-2 would bring. He asked that the Planning Commission consider health concerns and deny the petition for all the reasons delivered by the opposition. Mr. David Platter, 4949 Dan Robin Road, Salem, said that he attended the community meeting and as soon as he stepped inside the door, he asked what the odor was. He said the man from Adams Construction Company stated it was asphalt. He stated they had two (2) burners, one with asphalt and the other dimmed down or changed, which also had an odor like pine tar. He was concerned that the odor could come into his nose from one hundred (100) feet from the door to the buckets. He stated it hit him as soon as he walked in. He voiced his concern for his three (3) children in Glenvar Elementary, one of which has asthma, Mr. Steve Nicewonder, 5459 Whispering Wind Drive, Salem, relinquished his time to Ms. Suzanne Nicewonder. Ms. Suzanne Nicewonder, 5459 Whispering Wind Drive, Salem, spoke in opposition of the petition. She is a Professional Engineer and has lived in the community over twenty (20) years. She stated she has been studying permitting for asphalt. She felt that Adams Construction Company is asking for a blank check, an initial starting rate. She supports the county's wishes to grow; however, objects to this particular land use. She feels it is too close to schools. She asked why this idea would even be entertained. She felt the only benefit to Roanoke County would be positive cash flow and that taxes are not tied to that location. She feels the county would bring in taxes regardless of the location. She stated that, by her calculations, permitting the asphalt plant would be like selling off their children's health and safety for about $112.00 per child, noting that children are worth more than that. She hoped that the commission hears their wishes. She added that homes in this area generate almost two (2) million dollars in taxes. She stated that this request is causing lots of negative feelings from this area. She reiterated that they do not wish the rezoning to occur and asked the commission if they could not vote "no", to please not vote at all, so there would be no positive vote on record. Ms. Shirley Trumbull Chittum, 5872 Viewpoint Avenue, Salem, stated she attended the community meeting and, to her, it was becoming increasingly clear why Adams Construction Company needs a lawyer. She felt that Ms. Goodlatte ran the community meeting and appreciated being able to speak to the commission. She asked where the studies were on a "new technology" plant and stated that her seven (7) year-old is not a guinea pig. She feels the plant would ruin outside activities. She stated that she travels the road six (6) times per day and does not want to have vehicles of that size bearing down on her. She voiced that the citizens have asked and asked to have the Route 11/460 corridor fixed. She stated that even the potential jail sites were published and believes this situation with Adams Construction Company appears "hinky" to her. She was concerned that Roanoke County can pick and choose what zoning will be in any area. She told the commission she hopes they can live with the consequences of their decisions. Page 9 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 Ms. Lindsey Martin, 4760 Little Bear Road, Salem, spoke. She lives behind Glenvar High School. She stated that Fort Lewis Baptist Church and three (3) other churches are within one mile of the site. She stated that traffic from churches is not only on Sundays and Wednesdays, but youth activities and daycare are on other days and people are coming and going at different, random times. She asked the commission to take into consideration the teens and youth. She voiced how it would bother her if some of her teens from church got in a wreck from the trucks. She is afraid they could die. Mr. Patrick Patterson, 4224 Twin Mountain Circle, Vinton, stated he was attending as a citizen of Roanoke County and that in the past week has been contacted by citizens of all magisterial districts. He stated he is passionate about protecting fellow citizens who called him with concerns of possible harm to their families. He questioned an asphalt plant being near a school. He stated that government's responsibility is to the masses, not the few. He encouraged denial of the petition. Mr. Darrell Printz, 5663 Club Lane, Roanoke, spoke in support of the petition. He is the Vice- President of James River Equipment, whose office is approximately five hundred (500) yards east of the proposed plant. He has known the Adams group for quite some time and feels they are a first class company with integrity. He stated he is very much in favor of the asphalt plant. Ms. Carissa Martin, 4760 Little Bear Road, Salem, spoke in opposition. She is twenty-two (22) years old and wanted to speak for the youth, teens and college bound youth. She works at Rowe Furniture and feels there is a ridiculous amount of traffic in the area. She stated it takes her one-half hour to travel an eight (8) mile distance. She felt the trucks do not care if they run over you or run you off the road. She stated her concern for the teens driving to school every day and does not believe the asphalt truck traffic would be safe for them. She stated she and her new fianc6 are perspective homeowners in the area. He will be a corrections officer at the new jail, working night shift. She feels he will not want to listen to trucks all day long if he works nights. She stated that one plant may not be loud, but added to the others makes it all louder. Mr. Brian Pulliam, 5326 Canoe Circle, Salem, stated he has lived in the area all of his life. He has served in the Marines. He noted that he had gone to school with half of the people who spoke, or with their children. He stated they are a proud, passionate community. He works at R.R. Donnelly and stated that at 87 decibels hearing protection is required. He asked the commission to keep toxins, noise, and smells at a minimum level. Ms. Angela Meadows, 5005 Buffalo Circle, Salem, stated that one of the neighborhood view photos submitted by Adams Construction Company was taken from her back yard and that the site is much closer than the photo shows. She felt a berm would do no good, especially for the back acreage. She cannot see a benefit and strongly opposes the rezoning. She asked the commission to deny the request. Mr. Les Meadows, 5005 Buffalo Circle, Salem stated that one of the site photos was taken from his back door and the site is really close to their home. He feels they already have smog and pollution from the interstate. He also noted that traffic backs up terribly on Route 460 when there is a wreck on Interstate 81. Ms. Jean Thompson, 5032 Cherokee Hills Drive, Salem, voiced her concern that the Petitioner stated at the community meeting they would be recycling old asphalt at the proposed plant. Page 10 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 Mr. Christy Thompson, 5032 Cherokee Hill Drive, Salem, told the commission that he chose the Glenvar area because of the beauty. He stated that, if any of the commissioners would buy a house next to an asphalt plant, he may have one to sell them. Mr. John W. Humphries, 4004 Blandfield Drive, Vinton, spoke in support of the petition. He is the Vice-President of Carter Machinery. He stated that Adams Construction Company has been in Roanoke since 1946 and their commitment to the community has never wavered. He has known the Adams people for many years. He feels that Gary Wright, Rick James and all of their employees are honest, hardworking, high integrity individuals. He noted that the opponents said Adams would only employ 8 people; however, he feels the larger economic picture needs to be considered. He stated that Carter Machinery relies on Adams Construction Company for jobs, as do quarries, equipment vendors, and many other businesses. He noted that everyone attending the meeting drove there on roads constructed by Adams. He acknowledged that in the near future, there would be many road projects in this area. He feels Adams is a responsible company, does not pose risks, truly appreciates the environment, and would never do anything to hurt the health of the citizens. He asked for the commissions' support. Mr. David Wymer, 5546 Deer Park Drive, Roanoke, spoke on the petition. He is a member of the School Board; however, was speaking as a citizen this evening. He stated he has received numerous emails and calls from citizens of the Catawba District. There are four (4) elementary schools, a middle school and a high school in the district, which currently enroll 1,856 students total. There are 1,452 students in the Glenvar schools daily. He stated that Google Earth shows that the entire Glenvar schools complex is with one-half mile of the site and within one (1) mile are elder care and other schools. He stated that the children cannot choose where they attend school and feels parents moved there for a reason. He noted that the Staff Report states "... to evaluate whether the proposal has a minimum adverse impact on the surrounding neighborhood". Mr. Wymer also quoted a portion of the 1-2 District Regulations to the commission: "... relative remoteness and absence of substantial residential development which could be adversely affected by such development." He strongly suggested that the commission take these points into consideration when making a decision. Mr. Darik Wade, 435 Ingal Boulevard, Salem, spoke in opposition. He lives next door to the school and has been in the Roanoke Valley for thirty-nine (39) years, He feels this site is not the place for an asphalt plant. He stated that he is 100% against the petition and is just trying to protect his wife and children. He believes that Adams Construction Company will do what they say; however, when the trucks leave the facility hauling the asphalt, it would be different. He feels they would be "sucking" asphalt. He stated that even if he were spraying his dog's "stuff' in the yard with cologne, it would still be "stuff'. Mr. Barnett Beamer, 5132 Glenvar Heights Boulevard, Salem, agreed with all comments of other opposing citizens, and then yielded his time to Ms. Suzanne Nicewonder, who stated her interest in the modeling process. She stated she has read that the models vary widely and wildly and that it is difficult to isolate a true case considering environment and climate. She described how driving down Fort Lewis Church Road in the winter, there are only a few fireplaces burning; however, there is a haze due to the lack of air movement. She felt that measurements can be faulty and that equipment failures are standard operating events in business. She stated that specific emittance from these plants are known and are known health hazards, some are carcinogens. She believes there is no reliable data on the lower levels. She noted that start-up, shut-down, and falter-incident levels can be higher. She also mentioned that the levels are averaged over one (1), three (3), eight (8), or twenty-four (24) hour periods, not accounting for spikes, allowing for three (3) times the threshold limit if only in operation one-third of the time. Page 11 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 She stated the output from the proposed plant, plus the output from Koppers; combined chemicals are not even known and transferred to the children. She stated the recycling of materials increases the hazard. Mr. Michael Conyers, 4844 Little Bear Road, Salem, spoke in opposition. He appreciated the discussions on toxins; however, feels we do not live in a vacuum. He believes the 8,000 gallons of diesel fuel stored on the site would add to the toxins from Interstate 81 and Koppers. He suggested that an air quality study of the area be performed before a decision is made. He felt it would be better to have real numbers before deciding. He noted that "trips per day" is one in, and one out. He voiced his concern that this rezoning may cause a precedence issue. He feels if zoning has to be changed to "fit", then it does not fit. Mr. Marc Wilson, 5001 Glenvar Heights Boulevard, Salem, spoke in opposition of the petition. He has three (3) children who attend Glenvar schools. He and his wife both run businesses in Roanoke County. He stated he has been in the Board Room and uncomfortable several times, but believes the process works. He noted that the comments in support of the petition are all from business owners close to the site, but they do not live in the area. He stated that planning is designed to control the way land changes and feels this corridor is almost out of control now. He stated that if he had encountered this much opposition to his request, he would have politely withdrawn it. Ms. Shelly Munley, 4504 Stypes Branch Rd, Salem, stated she opposes the request for all reasons previously given and impacts to property values. Ms. Tammy Salmon, 363 Lelia Circle, Salem, presented the commission with information she collected from the Blue Ridge Environmental Defense League, stating she felt it may be a little more unbiased as it was not paid for. She stated that she was representing her neighborhood, children, cancer survivors, people at Richfield, and Kids Zone next to the proposed site. She questioned how these individuals' immune systems would be able to fight emissions. She stated that no one can convince her that emissions do not hurt. She asked the commission to do what is right for these people, the children, elderly, people they represent, and not an asphalt plant at the expense of their health. Mr. Ernest E. Sweetenberg, 7314 Wood Haven Road, Roanoke, spoke in support of the petition. He lives across the street from Adams' present site. He feels they have been great neighbors. His whole family lives within one (1) mile of the plant. He stated the average person in that area lives to be about eighty (80) years old. He said the trucks do pass through, but do not smell. He feels Adams Construction Company keeps all their business number one, they have been good neighbors over the years, and he has been pleased to have them. Ms. Judy Conyers, 4844 Little Bear Road, Salem, wanted to mention a report from USA Today, She commented that the Environmental Protection Agency (EPA) has developed 2 websites, the Emergency Response Right to Know and the Risk Based Emissions Inventory. She stated that a representative from the Blue Ridge Office of the Department of Environmental Quality looked at the proposed site with her this past week and she was told that the site is using those two EPA reports and that site would "is as close as we will get to a best guess scenario of the chemicals and pollutants released into our area aside from doing an actual testing". She noted that from Salem City to Dixie Caverns and beyond, no parcel on the north side of Route 460 in a five (5) mile stretch is zoned 1-2. She stated that, according to Roanoke County's records, property on the south side of Route 460, from Koppers Road and west, was assigned zoning of Heavy Industry nearly fifty (50) years ago in the 1960's by default because of preexisting land Page 12 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 use. She commented that Glenvar has grown considerably in the last fifty (50) years and is now much more heavily populated. She voiced her concern that the rezoning of this site would set a precedent. She noted that funding for the Route 11/460 Plan has not been approved. She asked the commission to prayerfully consider how it would want its Board to vote and asked them to vote no, or not at all. Mr. Chuck Deyerle, 4933 Furnace Lane, Salem, thanked the commission for their time and affirmed he is certainly opposed. He lives close to the proposed asphalt plant. He felt the meeting was very much like court, with all the diagrams and such. He declared that just because you paint a tower green, doesn't make it safe; stating it could be pink and filled with lemonade, but if it is harmful to their kids, they do not want it. Mr. Deyerle found it troubling that an asphalt plant had to be removed, just to give them one, when the new recreation center could have been placed on this site and no one would have to move at all. He stated that he could find no viable studies on modern, counter-flow plants to substantiate the chemist's faith in this new technology. He quoted from Roanoke County's land use policy (Chapter 6, General, #2-3) "Encourage sustainable economic growth that enhances the quality of life and fosters economic health... Encourage land use development patterns that reflect community values and desires." He informed the commission that the community stands before it, telling them their desires, that they do not want this. He added that he used the County's website to obtain this information, Mr. Brett Ostby, 3542 Evelyn Drive, Salem, felt there was a high degree of uncertainty with the information provided to the public and the petition should not move forward. He believes the process of modeling is subjective and there needs to be more independent study conducted, Mr. Matt Gart, 5024 Cherokee Hills Drive, Salem, spoke in opposition. He has lived at this residence for nineteen (19) years. He reiterated Ms. Nicewonder's points. It stated it is unconscionable to him how county could consider having this near the schools. He felt it is not a good message to people who want to move to the area. He urged the commission not to approve the proposal. Mr. Lloyd Abdelnour, 1738 Millbridge Road, Salem, spoke against rezoning. He has three (3) children, one still in school at Glenvar. He stated that the citizens do not want the asphalt plant and changing zoning seems like a downward slide. He voiced his concern of where the area would, little by little, end up years from now. He stated that he carried asphalt while in his teens and remembers spraying the trucks with fuel oil to keep the asphalt from sticking. He asked what is being used for this now. He felt the number of trucks had not been addressed. He voiced his concern of the noise, stating the interstate level is about 70 decibels and a lawnmower, three (3) feet away, is 100 decibels. Mr. Joe Rutherford, 4432 Indian Hill Road, Salem, lives behind the Glenvar schools. He wished to address the issue of trucks bringing in sand and tar. He stated he has been in every asphalt plant in the area and feels the V12 Cat diesel used to operate the electronics is a very bad pollutant and noisy. With no further citizens to speak, Ms. Hooker closed the public hearing. At this time, the Petitioner wished to answer questions raised by the citizen speakers and the commission. Ms. Goodlatte confirmed that the stone plant in Hillsville is the closest source of nonpolished aggregate, which would be used at the proposed plant. The property is not in the flood plain. The lubricant used now for the truck beds is a biodegradable emulsified soap. Ms. Page 13 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 Goodlatte also addressed the concern of property values, noting that there are many upscale neighborhoods in close proximity to Adams Construction Company's other facility. She gave examples of Hunting Hills and the Summit Apartments near their Clearbrook plant, as well as the subdivisions of Woodbridge and Thornblacle in Blue Ridge. She stated that well placed asphalt plants have economic benefit by reaching to other companies. She reiterated that air emissions are regulated by DEQ, that the adjacent properties are already zoned for industrial use, and that the trucks will not be fueling on premises. She asked the commission for a favorable recommendation. Mr. Jarrell asked about the traffic volume of asphalt trucks. Mr. James said that fifty (50) loads would be a high number for one day. Some days there would not be any. Mr. McNeil questioned the recycling of asphalt. Mr. Nunn stated that recycled asphalt is asphalt and no different from virgin asphalt. Mr. Jarrell asked Ms. Goodlatte to clarify the future of the north County plant. She reiterated that the proposed Glenvar site is not a replacement for the Woodhaven Road plant. Adams Construction Company has until 2012 to relocate that plant. Mr. McNeil noted that the zoning map in the application package shows only six (6) residential lots and asked if this is correct. Mr. Holladay stated that it map is correct. Ms. Hooker commented that the Glenvar area is her neighborhood and workplace. She encouraged all the citizens of the community to participate in the upcoming area plan. She commented that this petition has been an interesting process and feels it is creative to redevelop an older site into a Leadership in Energy and Environmental Design (LEED) facility. Ms. Hooker made a motion to recommend denial of the petition. Mr. Thompson called the roll and the motion failed by the following vote: AYES: Hooker NAYES: Jarrell, Azar, McNeil ABSTAIN: Radford Mr. Azar thanked all the citizens and voiced his appreciation of their attendance, their speaking with heart and compassion, and for all the emails and letters of concern and support. He assured the citizens that the impact on a neighborhood is always taken into consideration with any petition for rezoning. He noted that the Planning Commission is an advisory board and the matter will still be heard before the Board of Supervisors. He stated that the County's Comprehensive Plan designates this area as principal industrial, with a variety of industry types encouraged. He reviewed how the proposed conditions have addressed citizen concerns. He commented that, before touring the other asphalt plant, he also would not have believed an asphalt plant would be a good neighbor. He reminded that this is an industrial area and that industry would come to it. Mr. McNeil agreed with Mr. Azar, stating that the land use is industrial and feels that the company has worked very hard to comply with concerns of the residents. He hopes all will work out for the benefit of the company and the citizens. Mr. Azar moved to approve the petition, including all suggested conditions, with a favorable recommendation to the Board of Supervisors. Mr. Thompson called the roll and the motion passed with the following vote: AYES: Jarrell, Azar, McNeil NAYES: Hooker ABSTAIN: Radford Page 14 of 15 ROANOKE COUNTY PLANNING COMMISSION MINUTES February 3, 2009 Mr. Jarrell commented that the Petitioner is a LEED Certified company, proposing a LEED Certified development. He stated they have been in business over sixty (60) years and have around six hundred (600) employees. He commented that they have had very few violations, which had all been corrected. He believes the proposed plant would be a good fit. Final Orders A proposed amendment to the Roanoke County Comprehensive Plan, which would incorporate the Route 221 Area Plan into the County's Comprehensive Plan was approved with Scenario 4 Future Land Use and Scenario 4 Utility Phasing by the Board of Supervisors at their January 27, 2009 Public Hearing. Commissioners' Comments Mr. McNeil thanked staff and the commission for the many hours of work put into the Adams Construction Company petition and public hearing. He stated these types of cases are never easy and hopes the outcome will be positive for Roanoke County. Mr. Jarrell thanked staff for their time and Fire Marshal Gary Huffman for staying throughout the evening. Staff Comments There were none. With no further business or comments, Ms. Hooker adjourned the meeting at 11:55 p.m. Respectfully Submitted: Martha Hooker Chairman, Roanoke County Planning Commission Page 15 of 15