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09SN0214,• •'~'~'•_~i~ .h{fr ~f~ ..~~. .~{~ +,~..~,f ..~ f.r I~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 09SN0214 Martin Marietta Materials, Inc Clover Hill Magisterial District West line of warbro Road August 26, 2009 B S RE VEST: Rezoning from Light Industrial (I-1) and Agricultural (A) to General Industrial (I-2) with Conditional Use on 264.6 acres to permit mining and quarry operations plus Conditional Use Planned Development on 50 acres of the 264.6 acre tract to permit exceptions to Ordinance requirements. PROPOSED LAND USE: In addition to I-1 uses, continued mining and quarrying operations and related uses as well as asphalt and concrete manufacturing operations are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 6. STAFF RECOMMENDATION Recommend approval for the following reasons: A. while the Powhite Route 288 Development Area Plan suggests the property is appropriate for light industrial use, the proposed uses are consistent with those currently permitted and in operation on the eastern portion of the request property. Approval of this request would permit expansion of this operation west to Route 288 as one uniform, self contained development. B. The development requirements offered in this case generally meet or exceed the requirements established in the Zoning Ordinance for the requested uses, thereby minimizing the impact on area development and ensuring land use compatibility and transition. Providing a FIRST CHOICE community through excellence in public service C. The proposed uses are representative of and compatible with existing area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The Owners and the Developer (the "Owners") in this zoning case, pursuant to Section 15.2- 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Numbers 735-684-6406, 736-685- 2144, 736-683-3056, 737-683-2003, 735-684-7967, 734-683-9441, 735-681-5954, & 737-682- 9762 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for I-2 with a conditional use permit (CUP) and a conditional use planned development (CUPD) is granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. Exhibit A -The plan titled "Zoning Master Plan, Martin Marietta Materials, Inc. Midlothian Quarry, Chesterfield County, Virginia," prepared by Martin Marietta Materials, dated April 30, 2009, and last revised June 25, 2009. (STAFF/CPC) 1. Master Plan. The Textual Statement dated July 8, 2009, shall be considered the Master Plan. (P) (STAFF/CPC) 2. Uses. Uses permitted on the Property shall be: A. Any uses permitted in the Light Industrial (I-1) District. B. Mining and quarry operations, including the processing of raw materials located on the Property and overburden storage. C. Concrete manufacturing. D. Stone products manufacturing, as accessory use to the quarry operations. E. Asphalt manufacturing. 2 09SN0214-AUG26-BOS-RPT F. Storage yards. G. Any accessory uses associated with any of the uses listed above, including equipment maintenance areas and shops. (P) (STAFF/CPC) 3. Fence. A fence affording adequate security with appropriate access gates shall be installed, relocated, or added to the perimeter or that portion of the perimeter of the Property where such activity requires fencing in accordance with the Virginia Division of Mineral Mining permit. Prior to the start of operation of that specific use or activity the fencing shall be installed. The fence maybe extended or relocated based on the expansion or changes of the operations on the Property. This does not include areas where there is existing fence such as along Route 288. (P) (STAFF/CPC) 4. Location and Standards for Certain Uses. A. Primary crushing facilities and other power driven or power producing equipment for quarry operations only shall be located a minimum of 600 feet from the Property lines adjacent to Warbro Road, Route 288, and the Chesterfield Crossing Shopping Center and as shown on Exhibit A. This restriction shall not apply to the concrete manufacturing or asphalt manufacturing. B. Except on the southern portions of the Property where the existing historical quarry limits are outside the 200 foot excavation limits and shown on Exhibit A, all other portions of the Property shall maintain the 200 foot Excavation Limit. C. Any concrete manufacturing (batch) plant shall comply with all County, State, and Federal ordinances, statues, and regulations governing the operation. At a minimum, the plant shall comply with the following: i. The mixing of concrete shall only occur within concrete trucks. 11. No mixing, other than mixing of sand, stone, and other dry ingredients, shall occur outside of concrete trucks. Discharge areas, where dry ingredients are loaded into concrete trucks, as well as ingredient storage silos, shall be segregated from the rest of the plant by containment facilities 3 09SN0214-AUG26-BOS-RPT designed to retain spilled ingredients and prevent surface and ground water contamination from these materla s. 111. Areas where trucks mix the concrete, and where trucks are washed of ingredient residue, shall be segregated from the rest of the plant by containment facilities designed to retain spilled ingredients and wash water and prevent surface and ground water contamination from these materials. Water from washing operations shall be collected in a basin and recycled for use in the concrete mixing operation. Residue that settles out of the wash water shall be periodically removed from the containment facility and disposed of in an approved landfill. The wash water containment basin shall be designed to prevent surface and ground water contamination from wash water and shall be sized such that it shall retain the maximum rainfall occurring on the property within twenty-four (24) hours over a twenty-five (25) year period, as determined by National Weather Service records for the area. (P) (STAFF/CPC) 5. E ui ment. All equipment requiring backup warning devices shall be equipped with a directional backup alarm in accordance with Mine Safety and Health Administration (MSHA) and or Occupational Safety and Health Administration (OSHA), whichever applies. (P) (STAFF/CPC) 6. Buffers and Overburden Storage. A. A seventy-five (75) foot buffer shall be maintained along the southern boundary of the quarry site, as depicted on Exhibit A. With the exception of the existing or future sewer and drainage easement(s), this buffer shall comply with the requirements of the Zoning Ordinance, Sections 19-520 through 19-522 for fifty (50) foot buffers. B. Tax Identification Number 737-682-9762 shall be maintained as a buffer, except that new drainage structures and pond relating to the relocation of a creek shall be permltte . C. A one hundred (100) foot buffer shall be maintained along the western Property boundary adjacent to Route 288, along the western Property boundary adjacent to Tax 4 09SN0214-AUG26-BOS-RPT Identification Numbers 734-681-9319 and 734-680-9682, and along the southern boundary of Tax Identification Numbers 735-681-5954 and 734-683-9441, as depicted on Exhibit A. Except for installation of necessary sediment and erosion control measures or selective clearing of underbrush or removal of dead or diseased trees this buffer shall remain in its natural state. D. Aone-hundred-and-fifty (150) foot buffer along Warbro Road (except for the area occupied by the existing office building and parking lot) and generally south of the access into the Property shall be maintained along the eastern boundary of the Property, as depicted on Exhibit A. With the exception of the existing pond or any existing or new sewer, drainage, or other easement(s), this buffer shall comply with the requirements of the Zoning Ordinance, Sections 19-520 through 19-522 for fifty (50) foot buffers. Temporary encroachment into the buffer shall be permitted for the construction of the underground drainage relocation but will be restored following construction of the utility line and stream relocation. E. Sufficient topsoil for reclamation use shall be stockpiled. All berms and overburden storage may be used for reclamation. All slopes of the topsoil and/or overburden storage shall be seeded and planted when each terrace reaches its design limit. The storage, planting, and seeding shall be performed in accordance with the Virginia Division of Mineral Mining permit. (P) (STAFF/CPC) 7. Access. A. Direct vehicular access from the Property to Warbro Road shall be limited to the two existing accesses that serve the existing office building and separate parking lot, as generally shown on Exhibit A. Modification to the location of and to the uses that serve these accesses shall be approved by the Chesterfield County Transportation Department. Note: This Proffered Condition shall not preclude vehicular access from the Property to Warbro Road via the existing right-of way ("Access Road"), generally located towards the northern part of the Property and as shown on F,xhihit A. 5 09SN0214-AUG26-BOS-RPT B. Access from the Property to Memphis Boulevard shall be limited to vehicular access for a cumulative total of 30,000 square feet of office building(s), other associated building(s) including maintenance uses, and for occasional access to the Freshwater and Settling Ponds, the Virginia Power Easement, and the Overburden Storage areas as identified on Exhibit A. (T) (STAFF/CPC) 8. Debris. The right-of way of Warbro Road generally from its intersection with the Access Road and for a distance of about 1000 feet south of the Access Road shall be monitored by the Owners on a daily basis to prevent the accumulation of debris from trucks entering or leaving the Property. A plan for the identification, monitoring, and regular removal of debris shall be submitted to the Planning Department for review and approval upon request. The plan shall be implemented upon approval by the Planning Department. (P) GENERAL INFORMATION T ,n~ati nn West line of Warbro Road, north of Hull Street Road. Tax IDs 734-683-9441, 735-681- 5954, 735-684-6406 and 7967, 736-685-2144, 736-683-3056, 737-682-9762 and 737- 683-2003. Existing Zoning: I-1 and A with Conditional Use and Conditional Use Planned Development Size: 264.6 acres Existing Land Use: Industrial or vacant Adjacent Zoning and Land Use: North -A and I- l ;Public/semi-public (Park) or vacant South -A, C-3 and I- l ;Commercial or vacant East - A and I- l ;Industrial or vacant West - R-12 and A; Single-family residential or vacant 6 09SN0214-AUG26-BOS-RPT T TTTT ,TTTF,~ Public Water System: The request site is within the Clover Hill Tank Water Pressure Zone. There is a twelve (12) inch water line extending along a portion of Warbro Road that terminates adj acent to the southeast corner of the request site. An additional twelve (12) inch water line extends through the adjacent commercial development parallel to the southern boundary of this site. Another twelve (12) inch water line extends along Deerhill Drive and terminates on the eastern side of Wabro Street. The existing office building on the site is served by a private well. Use of the public water system is required by County Code when an existing water line is less than 200 feet away from a property line of any lot or parcel and a building permit application is made for a new structure. Public Wastewater System: The request site is within the Upper Swift Creek Sewer Service Area. There is an existing sixteen (16) inch wastewater collector line running through the request site on the eastern side of Tax ID 737-683-2003, parallel to a portion of Warbro Road. This sewer line connects to an existing fifteen (15) inch line that continues along the southern boundary of the request site and transitions to a thirty (30) inch wastewater trunk line east of Route 288. The existing office building on the request site is served by a private septic system. Use of the public wastewater system is required by County Code when an existing sewer line is less than 200 feet away from a property line of any lot or parcel and a building permit application is made for a new structure. ENVIRONMENTAL Drainage and Erosion: There are no existing or anticipated on- or off site erosion problems. Water ua 1 A perennial stream flows from the north to the south and currently bisects the existing quarry operation and the production operation. The stream continues to the south and connects to Nuttree Creek. The Resource Protection Area (RPA) buffer of the existing stream that bisects the quarry is currently void of most vegetation except adjacent to Warbro Road. In early 2009, the Board approved a Water Quality Impact Assessment (WQIA) to allow encroachment into the RPA by implementing the mitigation plan recommended by staff. The redirection of the creek to the south will allow the creek to flow through a stream and associated buffers that currently do not exist in the stream's present location. 7 09SN0214-AUG26-BOS-RPT PUBLIC FACILITIES Fire Service: The Swift Creek Fire Station, Company Number 16, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. Transportation: The property (264.6 acres) is currently zoned Agricultural (A) and Light Industrial (I-1), and the applicant is requesting rezoning to General Industrial (I-2) with a Conditional Use to permit mining and quarry operations. This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. The applicant intends, as reflected on Exhibit A, to continue the current operations on the property; stone products, concrete and asphalt manufacturing. Typical traffic generation information is not available for the intended uses. Vehicles generated by development will be initially distributed along VVarbro Road which had a 2008 traffic count of 6,3 89 vehicles per day, and Hull Street Road (Route 360) which had a 2006 traffic count of 39,731 vehicles per day. The capacities of both of these roadways are acceptable (Level of Service D and C, respectively) for the volume of traffic they currently carry. No public road improvements in this part of the county are currently included in the Six-Year Improvement Plan. Development must adhere to the Development Standards Manual in the Zoning Ordinance, relative to access and internal circulation (Division 5). The traffic impact of this development must be addressed. The Thoroughfare Plan identifies VVarbro Road as a collector road. Vehicular access to collectors, such as VVarbro Road, should be controlled. The applicant has proffered that direct vehicular access from the property to Warbro Road will be limited to the two (2) existing entrances/exits that serve an office building and parking lot (Proffered Condition 7.A). The proffer allows the Transportation Department to modify the location of these accesses, and the land uses that they serve. In July 1998, the Board of Supervisors approved a rezoning request (Case 98SNO176) on apart of the property currently zoned I- l .The Board accepted a proffered condition that established a maximum density on that property; approximately 3 80,000 square feet of I- 2land uses or equivalent traffic generation (Proffered Condition 6 of Case 98SNO176). Primary vehicular access for development of that property is Memphis Boulevard to Route 360. In order to anticipate an acceptable level of service at the Memphis BoulevardlRoute 360 intersection, the applicant has proffered a maximum use of 30,000 square feet of office and maintenance vehicles with access to Memphis Boulevard. (Proffered Condition 7.B) Route 288 extends along most of the western boundary of the property. In acquiring right-of way for Route 288, the Virginia Department of Transportation (VDOT) did not purchase three residue parcels [totaling approximately three (3) acres] located on the east 8 09SN0214-AUG26-BOS-RPT side of Route 288, adjacent to the subject property. These parcels appear to be landlocked. Staff recommended to the applicant that an access easement be provided from Memphis Boulevard through the property to serve those parcels. The applicant is unwilling to grant such an easement. VDOT "Chapter 527" regulations, dealing with development Traffic Impact Analysis requirements, have been enacted. At this time, it is uncertain what impact VDOT regulations will have on the development process or upon zonings approved by the county. The applicant has indicated that this request does not meet the thresholds that would require a Traffic Impact Analysis to be submitted to VDOT. VDOT Access Management Regulations were enacted on July 1, 2008, but only apply to roads that VDOT classifies as Principal Arterials, like Route 360. The regulations are scheduled to apply to roads such as Warbro Road, which has a VDOT classification of Urban Collector, on October 1, 2009. Because these Regulations have not been finalized, it is unclear what impact, if any, they will have on development of the property. Virginia Department of Transportation: The Virginia Department of Transportation has reviewed the referenced case. The request to permit mining and quarry operations on 264.6 acres property located near Warbro Road and Hull Street Road. The information included with this request to rezone 78 acres from Agricultural (A) to Heavy Industrial (I-2) and 186.6 acres from Light Industrial (I- 1) to Heavy Industrial (I-2). Proposed zoning will not increase traffic generation and it is deemed acceptable by VDOT's considered judgment that this activity will not have any impact on existing VDOT maintained facilities; thus this office has no comments regarding this request. T .ANTI T 1CF. Comprehensive Plan: Lies within the boundaries of the Powhite Route 288 Development Area Plan which suggests the property is appropriate for light industrial and open space use. Area Development Trends: The area is characterized by a mix of office, commercial, industrial, and public/semi-public uses along this portion of Warbro Road. It is anticipated industrial uses will continue in this area, as suggested by the Plan. Zonin Hg istory: On February 14,1973, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning with a use permit to allow the operation of a quarry and an asphalt plant on a portion of the request property (Case 72-117C). With 9 09SN0214-AUG26-BOS-RPT the approval of Case 72-117C, conditions were imposed in an effort to minimize the impact of the use on area development. On September 22, 1976, the Board of Supervisors, upon a recommendation of approval from the Planning Commission, approved an amendment to Case 72-117C to allow a concrete plant in addition to the previously approved quarry and asphalt plant operation on a portion of the request property. (Case 76SN0150) On March 26, 1980, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Case 72-117C to allow an expansion of the quarry operation on a portion of the request property. (Case 80SN0044) On December 11, 1985, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning with Conditional Use Planned Development on a portion of the request property (Case 85SN0153). An industrial park was planned. On March 26, 1986, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Case 80SN0044 to allow expansion of the quarry and concrete and asphalt plants and stockpile area. (Case 86SN0006) On July 23, 1997, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved a Conditional Use and amendment to Conditional Uses (Cases 80SN0044 and 86SN0006) and Conditional Use Planned Development (Case 85SN0153) to permit expansion of a quarry operation and associated stone products, concrete products and asphalt manufacturing on most of the request property. (Case 97SN0229) On July 29, 1998, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning with Conditional Use Planned Development and amendment to Conditional Use Planned Development (Case 85SN0153) relative to certain development requirements, to permit commercial and industrial uses on a portion of the request property and adjacent property to the south and southeast. (Case 98SN0176) On October 25, 2000, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Conditional Use and Conditional Use Planned Development (Case 97SN0229) relative to paving requirements for a concrete manufacturing facility on a portion of the request property. (Case Ol SNOI 10) On September 26, 2001, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Conditional Use and Conditional Use Planned Development (Cases 80SN0044 and 97SN0229) relative to hours of operation, number of concrete trucks, use of Genito Road to transport bulk materials, and buffers on a portion of the request property. (Case Ol SN0275) 10 09SN0214-AUG26-BOS-RPT Uses: The existing quarrying, stone processing, stockpiling, asphalt and concrete operations occupy various portions of the request property generally east of the Dominion Virginia Power easement. Approval of this request would permit expansion of the operations west of the easement and adjacent to Route 288, as well as consolidate regulation of these uses under one (1) set of development requirements and one (1) plan. Permitted uses would be limited to those permitted in the Light Industrial (I-1) District plus use exceptions representing the existing operations (Proffered Condition 2). Specifically, mining and quarrying operations, to include overburden storage, as well as storage yards, would be permitted throughout the property, except as restricted by proffered conditions. The asphalt and concrete plants, and stone products manufacturing not part of the quarry operation, are requested under a Conditional Use Planned Development (CUPD) on fifty (50) acres of the request site. This CUPD would further restrict the uses to an area not to exceed thirty (30) percent of the fifty (50) acres, or fifteen (15) acres. The location of these uses would be allowed to change within the limits of the property, provided the development requirements are met. (Textual Statement 3) Development Standards: The request property currently lies within an Emerging Growth District Area. The purpose of the Emerging Growth District Standards is to promote high quality, well- designedprojects. Development must conform to the standards of the Zoning Ordinance, which addresses access, landscaping, setbacks, parking, signs, utilities and screening of outsi e storage areas. In addition to complying with the Emerging Growth standards, the applicant has proffered conditions for the mining and quarrying operations to address issues relative to security, nuisance, safety and erosion. Specifically, the applicant has agreed to provide a security fence around the perimeter of these operations, excluding locations where fencing currently exists along Route 288 (Proffered Condition 3). Further, to address noise impacts, Proffered Condition 4.A requires a minimum 600-foot setback for primary crushing facilities and other power producing equipment for quarry operations from all project boundaries as depicted on Exhibit A. Relative to erosion, Proffered Condition 4.B further restricts excavation limits to no closer than 200 feet of property lines, except along a portion of the southern project boundary where existing excavation limits currently encroach, all as depicted on Exhibit A. In addition, all overburden storage areas must be seeded and planted once each terrace reaches its maximum design height. (Proffered Condition 6.E) Relative to concrete manufacturing operations, measures have been proffered to contain product and residue to prevent surface and ground water contamination (Proffered 11 09SN0214-AUG26-BOS-RPT Condition 4.C). Relative to all operations, proffered conditions also address equipment safety and monitoring and removal of debris which may have fallen from trucks on a portion of Warbro Road. (Proffered Conditions 5 and 8) With the exception of the encroachment into the southern excavation limits, as noted herein, these proffered development standards are equal to, or more restrictive than, the requirements set forth in the Zoning Ordinance for mining and quarrying operations. All proffers are in keeping with the efforts of the applicant to minimize the impact of all uses on area development. Buffers: The subject properties are adjacent to commercial or industrial districts, vacant Agriculturally-zoned property that is designated on the Plan for non-residential uses, or rights of way. As such, the Ordinance would not require buffering between the property and these adjacent uses. In an effort to minimize the impact of this use on adjacent properties and rights-of way, the applicant has agreed to provide buffers adjacent to the southern, eastern and western property lines, as depicted on Exhibit A. (Proffered Condition 6) CONCLUSION While the Powhite Route 288 Development Area Plan suggests the property is appropriate for light industrial use, the proposed uses are consistent with those currently permitted and in operation on the eastern portion of the request property. Approval of this request would permit expansion of this operation west to Route 288 as one uniform, self contained development. In addition, the development requirements offered in this case generally meet or exceed the requirements established in the Zoning Ordinance for the requested uses, thereby minimizing the impact on area development and ensuring land use compatibility and transition. The proposed uses are also representative of and compatible with existing area development. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (7/21/09): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Waller, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 6. AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller. 12 09SN0214-AUG26-BOS-RPT The Board of Supervisors, on Wednesday, August 26, 2009, beginning at 6:30 p.m., will take under consideration this request. 13 09SN0214-AUG26-BOS-RPT Textual Statement Martin Marietta Midlothian Quarry May 8, 2009 Revised July 8, 2009 Exhibit A -The plan titled "Zoning Master Plan, Martin Marietta Materials, Inc. Midlothian Quarry, Chesterfield County, Virginia," dated April 30, 2009, last revised June 25, 2009, prepared by Martin Marietta Materials. 1. Rezone. Rezone 264.6 acres from I-1(CUPD), A (CU &CUPD), A, and I-1 (CU & CUPD) to I-2 with a conditional use permit for quarry uses and a conditional use planned development (CUPD) on fifty (50) acres of the property to allow various use exceptions relating to and accessory to the quarry. 2. Excavation Setback. Exception from Zoning Ordinance Section 19-195(b)(2) regarding excavation setbacks, as shown on Exhibit A. The historical excavation limits along the southern boundary encroach into the 200' excavation limit. This encroachment shall remain with no further expansion of the excavation. The existing 75-foot buffer shall a so remain. 3. Use Exceptions. A. Up to thirty percent (30%) of fifty (50) acres of the Property may be used for the following use exceptions: i. Asphalt plant. .. 11. Concrete p ant. 111. Stone products manufacturing that are not part of the accessory quarry operations. B. The exact location(s) of these use exceptions may change from time to time during the life of the quarry; however, the uses shall continue to meet the limits listed above. 16650581.2 ~~ ,~ NN 0 W a ~ ~ v W > I W ~ ~ '~1~~ j ^ •*~ i',: ~. ~i ;~ ~1.!.- ~~ ~ , ,. 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D.B. 2297, PG.1542 \\\\ ZONING:?. ® ? _' \ I L_ - - li®e -?0tL ~~,~~ ~~ °!. ~, ~ ~ ~~- DATE: DWN BY: ZO ING AST R PLA :; , ;,. ~~ ~. - - _ - - . _ 04-30-09 MSS TIN ITT TRIL, INC. 9513 Hull Street Rc SCALE: GK BY: I L T IAN Richmond, Virginia; A sh Mss H I L C UTY UI II Phone: (804)674-7E s ®wn , Web site: www.mal.?:..._ ..,~.v:.:: McGuireWoods LLP One James Center 901 East Cary Street Richmond, VA 23219-4030 Phone: 804.775.1000 Fax: 804.775.1061 www. mcgu i rewoods. co m john V. Coghill, 111 Direct: 804.775.4383 1~,/~cGUS~E~/1/C~DS jcogb i l l y mcg u i rewoods.com Direct Fax: 804.698.2031 August 26, 2009 BY HAND DELIVERY The Honorable Art Warren Chairman Chesterfield County Board of Supervisors P. O. Box 40 Chesterfield, VA 23832 Dear Art: Re: Zoning Case No. 09SN0214 -Martin Marietta Materials, Inc. Attached please find nine (9) letters of support provided to Martin Marietta Materials, Inc. in connection with the above-captioned rezoning request. Since these companies took the time to write these letters, I thought it was important that copies of them be provided to you and to your fellow Supervisors. As you know, Martin Marietta has been a good corporate citizen in the County and looks forward to many years of continuing to serve the people of Chesterfield and the region as an aggregate producer. My thanks to you and the Board for your consideration in this matter. Since . Coghill, III JVC, I II/zjw Enclosures cc: Cheste~eld County Board of Supervisors Mr. James J.L. Stegmaier Mr. Mark Norden Almaty ~ Atlanta ~ Baltimore ~ Brussels ~ Charlotte ~ Charlottesville ~ Chicago ~ Jacksonville ~ London ~ Los Angeles New York ~ Norfolk ~ Pittsburgh ~ Raleigh ~ Richmond ~ Tysons Corner (Washington, D.C. ~ Wilmington ~I 5' Guaranteed Strencrth April 29, 2009 READY MIXED CONCRETE COMPANY 4607 Racrete Road, Richmond, VA 23230 Business Office 804-355.7851 P.O. Box 11063, Richmond, VA 23230 Dispatch 804-353-0288 Fax 804-257-7357 Chesterfield County Board of Supervisors POBox40 Chesterfield, VA 23832-0040 RE: Martin Marietta Midlothian Quarry This letter is written in support for extending the life of the Midlothian Quarry. Martin Marietta has been a good business partner in the community, they provide employment for local residents, are members in locaVarea organizations, and provide a locally available resource to other businesses in the area. Their product is a vital ingredient in the production of concrete, and its availabiiiry locally has a significant impact on the total cost. As you are well aware, if raw materials are not readily available, importing them from outside sources create a higher cost to the producer. This cost would be passed on to everyone who uses concrete within the community from municipalities down to the home owners. Ready Mixed Concrete Company alone has produced 100,000 yazds of concrete within the last 12 months and we are only one often different producers within this area that rely heavily on the product produced at the quarry. Sincerely, Wayne Bracey Region anager Ready Mixed Concrete Company MemberNatrona/ReadyMihed Concrete Association SHIVELY ENTERPRISES, INC. 3101 WARBRO ROAD • MIDLOTHIAN, VA 23112 ~> Apri127, 2009 To: Chesterfield County Board of Supervisors Re: Martin Marietta. Midlothian Quarry Redevelopment Dear Sir or Madam: 804744-7701 FAX 804-744-3721 Please be advised that we are writing this letter in support of Martin Marietta Aggregates, regarding the Midlothian Quarry Redevelopment. Martin Marietta Aggregates has been an excellent corporate citizen of this community for many years and has displayed the highest safety, envirorunental and ethical standards expected and desired. We regard Martin Marietta Aggregates as an important resource to Chesterfield County and an essential partner in the survival of our business, especially in this current challenging and often difficult environment. The aggregate products locally available and produced by Martin Marietta Aggregates are used by our business and without them we would be forced to use non-local suppliers that would increase the transportation costs and environmental resources required to build and maintain local streets, roads, schools, churches and developments. Sincerely, Shively Enterprises, inc. c• Randolph K. Shively President OOSMITH INC. 11800 LEWIS ROAD CHESTER VIRGINIA 23831 Phone (804) 748-5823 fax (804) 746-8482 April 27, 2049 Chesterfield County Board of Supervisors 9800 Government Center Parkway Chesterfield, VA 2832 To Whom It May Concern: This letter is in response to Martin Marietta's request for redevelopment of the Midlothian Quarry. 'Shoosmith C~nstrnctton, inc. 3s in support ~f~his -request. As a Chesterfield County contractor, ShoosmithConstruction, Inc. relies on locally available materials. Buying local materials reduces our labor and equipment costs, which is essential to our success. Martin Marietta's Midlothian Quarry is a major source of aggregate we depend on in order to complete our jobs, most of which are here in Chesterfield County. The loss of the Midlothian Quarry would have a drastic negative impact on our business as well as the residents of Chesterfield. Martin Marietta is a model corporate citizen, who provides a very important resource to Cheste~eld County. 'And in a time of economic uncertainty, it is essential that Chesterfield County supports our local businesses and helps ensure their success. Supporting Martin Marietta's request will not only help the many contractors who rely on the quarry but alt the residents of Chesterfield. Shoosmith Construction, Inc., has a strong working relationship with Martin Marietta and would like for it to continue. Therefore, we support Martin Marietta's request for the redevelopment of the Midlothian Quarry. //Sincerely, W cn~j 1 Wads Bugg, III V. P. of Operations 10911 Paulbrook Drlve Mldlothlan, Virginia 23112 Apri128, 2009 Chesterfield County Board of Supervisors Chesterfield, VA RE: Martin Marietta Midlothian Redevelopment Request Dear Sirs: (804)745-9100 Fax (804)745-9151 Martin Marietta Aggregates have been a vital resource to our company over the past 14 years in supplying excellent stone products in constructing and maintaining commercial sites, residential roads and sites, schools, churches, wetland and stream mitigation projects, also County and VDOT projects. With our company and a large part of our workload also located within the Midlothian area we feel it is essential to have this aggregate source for the continued survival during these tough economic times. Please feel flee to contact me with any questions or concerns. Sincerel , ~/ Gr oty T. o) Martin Estimator William T. Cantrell, Inc MECHANICSVILLE CONCRETE, LLC T/A P~WHATAN READY MlX P.O. BOX 2004 Telephone (804) 744-1472 MIDLOTHIAN, VIRGINIA 23113-2004 Fax (804) 744-1188 Ref: Martin Marietta.-Midlothian Operation As neighbors and customers of Martin Marietta we can heartily endorse their plans. They have been and will be good corporate citizens. They are vital to our business and that of many other construction businesses that do business in Chesterfield County. We service many of the construction projects including Westchester Commons, Hancock Village, Cosby and Genito High Schools and the Virginia Air building to mention a few. Martin Marietta stone from the Midlothian quarry has been a vital source of materials on many of these projects. Likewise we have provided Ready Mixed Concrete to many of the Subdivision for curbing and gutters and to Home Builders for new home construction. The pricing and convenience of having a well run quarry in our neighborhood assists us in keeping our customers supplied with affordable, high quality concrete. In addition, the fact that we are so close to a viable source cuts down tremendously on carbon emissions relating to the incoming freight. Therefore, for all of the reasons enumerated above we hardily endorse the efforts of Martin Marietta and are confident that any changes they are making will be in the best interest of their customers, the general public and their employees. Sincer Ted Hinson President, G.M "wBlankenship & sons, inc. Contractors PO Sox 5900 (804) 744-3893 (ph.) Midlothian, VA 23112 (804) 744-0624 (fax) April 28, 2009 Chesterfield County Board of Supervisors P.O.Box 40 Chesterfield, VA 23832 Dear Sirs, Martin Marietta's Midlothian Quarry has been a valued supplier of aggregate products to H.W. Blankenship & Sons, Inc. for many years. We have used these products on countless projects in the Midlothian area for the last 33 years. Having a quarry in close proximity to the work we do in Midlothian and surrounding areas helps to keep cost down which intern offers the residents of Chesterfield more cost efficent homes, schools, roads etc. Having to haul this product from futher distances would greatly increase the cost of construction. Martin Marietta's corporate attitude has been safe, ethical and environmentally sensitive. Which forme as a buisness owner and resident of Cheste~eld County is very important. I have lived and raised my family in Chesterfield far more tham 50 years and consider Martin Marietta a good corporate citizen. Sincerely, ~~~~ i~~ ~~ H.Wesiey Blankenship President Chastarfceld County Board of Supervisors P.0 Box 40 Chesterfield VA23832-0040 Re: Midlothian Quarry Our Reference: CBS 1-09 Ivli• Chairman, Members of the Board, Vile write today to express our support for the development plan submitted by Martin Marietta to extend the life of the Midlothian Quarry located ofi' V4rarbro Road. Our company operates an asphalt plant ici that quarry and has used the products of this quarry on numerous County projects such as the Rte 360 Reconstruction west of 288 to Winterpock Road, the realignment of Qualla Road, Mc Enally Road and Harpers Mili Elementary. Having these critical products available locally has enabled us to minimize the costs to the County and the impact of the construction traffic generated by these projects on County residents and the environment as al[ these materials did not have to be imported from more remote locat[ons. The continued..operation of the Midlotluan Quarry is essential to the economic health of our comp~iiy~.and, for the 170 families we sustain in the Greater Richmond area, many of which ~c~ll:Chesterfield, County home, especially in view of the current unprecedented ecoiiomi~`.envroncnent.:~•.;. We feel our financial situation as well as the costs of ..ca~istructi4in`iri~`Chestei~ield.County would be both severely impacted should the quarry ~;~:.be:forced to shut down,~~ ;~..: `.::°~,.. we have extensive dealings:witl_.1VlprtinM~rietta and have always found the company .;.:.nil its employees to behave in.~ mo$t:professional and ethical manner both from a :::_ ~iisiness and corporate citizenship; st~n~~ioicrt with utmost concern far the safety of ':?oinplayees and county residents as w~ll~s:#he:eervironment. :';°~>Tt;s therefote pgrsincere hope that MartinMarietta_wifl be allowed to continue to serve ;::ahe, County, and .its:citzens for many years'tp ct~nies': ~;., .. . °~`:. :;Sinaerel , ~`~, t ~( ;Teiry Madelon ~~'vice President - - ...Branscome, Lic..;.:. ~: = `...:; ~_:,:::: ;. ~, .~~: BHflRSCOME www.branscome.com 2150 ASHtAAO ROAD ROCISVIUF, YIA81RfR 23146 ~~ fi19lb 804.749.3166 fPI, 804.749.3640 .s . ~ CONSTRUCTION CORP.. ::. .~. .(804) 744-7079 . . ~•FAX:744-7019 To: Chesterfield County. Board of Supervisors Re: Martin Marietta future development Dear Board of Supervisors: ~~ April 27, 2009 As a company who has been in the road building business in Chesterfield County for 20 years, Martin Marietta's Midlothian Quarry has been a vital part of our company's success, Over seventy eve percent of our work is right herein Chesterfield County and having their resources available locally not only keeps the revenue within the county, it contributes environmentally bystaying local to reduce fuel emissions and other resources consumed to hansport the products. Their reputation far safety and environmentally conscious reputation are reasons we choose to work with Them as well as the product they produce. ~ ~ ~ ~ ~ ~ . Stone is a necessary and essential part of the continued operation of this company. Having to travel further to get the stone would meat an increase to build and maintain roads within the county. This would be especially challenging in these economic times when we are all trying to work together to maintain and continue in business while the . housing and development situation improves and rebuilds. ~ . We hope that the Midlothian Qusiry will remain and continue to grow herein Chesterfce~d County. Martin Marietta has worked hard in their many. years of business to build their reputation as an ethical and safe company, willing to work~with others so all may succeed, I think they are a valuable asset to this county and ~definitely:to my company. Sincerely, ~~~j`7~-~ i ~ . Hugh C. Hawthorne, Jr~--./ President 12751 Oak Lake Ct. • Midlothian, Virginia 23112 C:~t`~i~'°~{-~UG.:'T'IC~i\I ~:C.~~~h~teJC~'.~`.'i•'1t~fr1_.~_-------.---__ ._. Pt1UNk 27~•11i0 3012 COURTHQUSL ROAD RICHMOND, VIRGINIA 232313 CHESTERFIELD COUNTY BOARD OF SUPBRVfSERS 1 woutd like to tell you that ALPINE CONSTRUCTION has been in business In this county a little ovor 35 years. We all so had worked in this county long before that. Alpine has been hauling stone otit of the Midlothian Quarry as long as I can remember, It is necessary for my business to have this Quarry in the location that it is .Alpine and the Developers can not afford to hau! the stone from othec• Quarries t}le cost is way to much. We need a good Business tike Martin Marietta to furnish the stone for Clio roads, homes , schools and a41 off the crazy envlromnental sh~ff that has to go on in Chesterfield County. Those items are what make this a thriving county, in witch I cal[ Home. Please consider Martin Marietta request. Thank you for your time. D~ -