14SN0559CASE MANAGER: Darla Orr
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0559
(AMENDED)
Carrie E. Coyner, Tnistee
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October 22, 2014 BS
Bermuda Magisterial District
Northeast corner of Ashton Park Drive and Ruffin Mill Road
1600 Ashton Park Drive
REQUEST: (AMENDED) Conditional use to pernut nuning operations plus conditional use
planned development to pernut an exception to bonding requirements on a 348.7
acre tract in a General Industrial (I-2) District.
PROPOSED LAND USE:
A nuning operation is planned. The land area where excavation will be pernutted to
extract/remove nunerals is linuted to fifty (50) acres. (Proffered Condition 13 and
Exhibit A)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES2AND3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed land use complies with the Comprehensive Plan, which suggests the
property is appropriate for moderate to intense industrial use.
B. The proffered conditions, together with the requirements of the Zoning
Ordinance, mininuze the impact of the proposed land use on area development
and ensure land use transition.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITIONS
The Applicant in this 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 properties known as Chesterfield County Tax Identification Number
813-639-2566 and 815-639-1193 ("the Property") under consideration will be developed
according to the following proffers if, and only if, the request subnutted herewith is granted with
only those conditions agreed to by the Applicant. In the event this request is denied or approved
with conditions not agreed to by the owner and Applicant, the proffer shall immediately be null
and void and of no fiirther force or effect.
(STAFF/CPC) 1. Transportation of Product. There shall be no transporting or
delivery of any product excavated from this site to any property in
Chesterfield County unless a land disturbance pernut has been
issued for such property. This provision shall not apply when
product excavated from this site is transported to a pernutted
operational industrial facility where such product is a component
of the manufacturing process/product. (EE)
(STAFF/CPC) 2. Resource Protection Area. Prior to issuance of site plan approval,
the developer shall obtain approval from the Environmental
Engineering Department of a Resource Protection Area
Deternunation (RPAD) and shall pernut the County to inspect the
property to confirm that the RPA has been properly cordoned off
to avoid disturbance of the RPA by the mining activities, as
deternuned by the Environmental Engineering Department. (EE)
(STAFF/CPC) 3. County Access. The County shall have the authority to enter the
property to monitor on-site activities as pernutted by the property
owner and as allowed by law. (EE)
(STAFF/CPC) 4. Pernuttin~. Prior to issuance of site plan approval, the developer
shall provide a copy of the plan and pernut approved by the
Department of Mines and Minerals for the nuning operations. (EE)
(STAFF/CPC) 5. Traffic Control Signage. Prior to commencing any nuning
operations, the developer shall install signage to prohibit thick
traffic on northbound Ruffin Mill Road. The exact location,
quantity and design of the signage shall be approved by the
Transportation Department and Virginia Department of
Transportation, if applicable. The developer shall maintain the
signage until all mining operations on the property have ceased.
(T)
(STAFF/CPC) 6. Hours of Operation. The hours of operation shall be limited to
Monday through Friday from 7 a.m. to 6 p.m., and Saturdays from
8 a.m. to 5 p.m. No Sunday operation shall be permitted. (P)
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(STAFF/CPC) 7. Textual Statement. The textual statement dated March 18, 2014
shall be considered the master document for the requested
exception to Ordinance requirements. (P)
(STAFF/CPC) 8. Protection of Waterways and Wetlands. Prior to the issuance of
site plan approval, the developer shall provide a copy of the Army
Corps of Engineers and Department of Environmental Quality
documentation necessary for the release of their respective pernuts.
There shall be no nuning in any areas identified as Wetlands. (EE)
(STAFF/CPC) 9. Land Disturbance. No land disturbing activities pertaining to this
conditional use shall be performed on the property unless and until
the Department of Mines and Minerals pernut has been issued on
the property. (EE)
(STAFF/CPC) 10. Blasting Restriction. The use of explosives shall not be permitted
in any blasting/mining operations to excavate, break down or
remove product from the property. (EE)
(STAFF/CPC) 11. Time Linut. This Conditional Use shall be granted for a period often
(10) years from the date the site plan is approved by the County. (P)
(STAFF/CPC) 12. Use Limitation. This conditional use shall be granted to and for
operation by Goodrich River Tnist or by George P. Emerson Jr. or
any business entity for which he is a controlling member. This
conditional use shall not be transferrable or nln with the land. (P)
(STAFF/CPC) 13. Maximum Area. Mining shall be permitted on a maximum of fifty
(50) acres within the limits of the area identified as "Mining Area"
on Exhibit A, prepared by Highmark Engineering and dated July
11, 2014. For the purposes of this condition, mining shall be
defined as the breaking or disturbing of the surface soil or rock in
order to facilitate or accomplish the extraction or removal of
minerals. (P)
GENERAL INFORMATION
Location:
The request property is located in the northeast corner of Ashton Park Drive and Ruffin Mill
Road. Tax ID 813-639-Part of 2566 and 815-639-1193.
Existing Zoning:
I-2
3 14SN0~~9-2014OCT22-BOS-RPT
Size
348.7 acres
Existing Land Use:
Industrial or vacant
Adjacent Zoning and Land Use:
North - A and I-2; Single-fanuly residential or vacant
South - I-2; Industrial or vacant
East - A and I-2; Vacant and Appomattox River
West - A, R-15 and I-2; Single-fanuly residential, industrial or vacant
UTILITIES
This request will have a nunimal impact on public utilities.
ENVIRONMENTAL
The Virginia Erosion and Sediment Control Law, which in Chesterfield governs land disturbance
activities of 2,500 square feet or greater, states in the definition of land disturbance activity that
the term shall not include permitted surface mining operations. State Code identifies the
responsibilities of the Department of Mines, Minerals and Energy (DMIVIE) in permitting and
monitoring surface nuning operations.
With the initial submittal of this request, the Department of Environmental Engineering held a
meeting with personnel from DMIVIE and the applicant to discuss the nature of this project. Upon
the presentation by the applicant of the proposed mining activities, the representative of DMIVIE
concluded that they would take regulatory authority over this project in accordance with State
law. Therefore, the erosion and sediment control portion of the site plan review and approval
process, normally conducted by the Environmental Engineering Department, will instead be
conducted at the State level by the DMIVIE.
As confirmed by the DMIVIE representative, their regulations are comparable, if not more
restrictive than locally enforced erosion and sediment control regulations. The Environmental
Engineering Department is confident of a competent and rigorous plan review conducted by the
DMIVIE.
In addition to the enforcement of State regulations, DMIVIE provides a Mineral Mining Operators
Manual, which can be found at:
htt~://www. dmme. va. gov/commercedocs/VA_DMM_O~erators_Manual. ~df
The Land Disturbance Pernut that will be issued by the County for the project will signify the
site plan approval and approvals required by all other County departments are complete. The
project will then be tracked by the Environmental Engineering Department which has a project
4 14SN0~~9-2014OCT22-BOS-RPT
tracking technology that will prompt the department's inspectors to visit the site at a nunimum of
every fourteen (14) days. The DMME inspector has indicated an ability to be available to
respond to issues brought to his attention by County inspection staff and to answer questions
from the general public. The DMME inspector's contact information can be obtained from the
Environmental Engineering Department.
The DMME recognizes the role of Army Corps of Engineers and Virginia Department of
Environmental Quality in the approval process and advises operators that pernuts from these
agencies are necessary; however, proof of the issuance of these pernuts is not a prerequisite to
the issuance of the DMME pernut. To ensure appropriate level of due diligence is given to any
impact of the proposed nuning activities on the environment by all of these agencies, Proffered
Condition 9 require copies of pernuts from these agencies to be subnutted to the County prior to
site plan approval and the issuance of a County land disturbance pernut (Proffered Conditions 8).
If the applicant were to begin site activities prior to the application for the permit by DMME, the
DMME representative indicated that there would be no enforcement authority exerted by the
agency until site activities reached a point where they could be recognized as a nuning activity.
There is a considerable amount of land disturbing activities that must occur to prepare the site
before the actual mining process can begin. In order to alleviate the potential for unauthorized
land disturbing activities prior to the issuance of a land disturbance pernut, Proffered Condition 9
prohibits any land disturbing activities before the DMME pernut has been issued.
PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station, Company Number 14, and Bensley-Bermuda Volunteer
Rescue Squad currently provide fire protection and emergency medical service (EMS).
This request will have a nunimal impact on Fire and EMS.
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional parks totaling 600
acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling
180 acres, and three (3) water-based special purpose parks. The Plan also identifies the
need for urban parks within nuxed use developments to compliment and provide linkages
to the County's park system. The Plan identifies the need for linear parks and trails and
resource-based special purpose parks [historical, cultural and environmental] and makes
suggestions for their locations. The Plan also addresses the need to expand existing park
sites to meet level of service standards. The Plan also identifies the need to improve
access to blueways through the acquisition of easements and properties. Co-location with
schools and other compatible public facilities is desired.
Specifically, the Plan identifies the need for a Linear Park and Trail System along the
Appomattox River from Hull Street Road to R. Garland Dodd Park. This case is located
on the Appomattox River directly below Dodd Park. The Plan illustrates a wide corridor
in which the facility can be located. The park and trail is most desirable along the
waterfront, but can be located inland to coordinate with the current or proposed use of a
14SN0~~9-2014OCT22-BOS-RPT
property. A trail easement is in place for the adjacent property [Roslyn Farms] to the
south of this case.
The department has had discussions with the applicant to incorporate the Linear Park and
Trail recommendations on their property. The applicant has indicated that the proposed
use as a quarry presents difficulties to establish a corridor within their project; however,
they have long range plans for the property, after the quarry use, for a mixed use
residential and commercial development. Their preliminary plans for the mixed use
indicate a trail system associated with this development and satisfaction of the County's
needs could best be accomplished in tandem with this fiiture development plan.
The proposed use in itself does not generate impacts to the park system, but does
potentially impact implementation of the Comprehensive and Public Facility Plans
recommendations for the Linear Park and Trail System along the Appomattox River.
RPA protected areas may afford opportunities for park trail facility development that is
compatible with proposed uses on the property if waterfront locations are not appropriate.
The Parks and Recreation Advisory Commission has requested that the fiiture trail
opportunity be protected.
The applicant is requested to incorporate Linear Park and Trail Corridor planning into the
site plan at the appropriate time to allow for development of these facilities as
recommended by the Comprehensive Plan and Public Facilities Plan.
County Department of Transportation:
Currently, the property is zoned General Industrial (I-2). Based on general light industrial
trip rates, development could generate approximately 16,500 average daily trips. The
applicant is requesting to permit mining operations on the property. Trip generation rates
are not available for this use. These vehicles will be initially distributed onto southbound
Ruffin Mill Road, which had a 2012 traffic count of 5,600.
In 2009, the Virginia Department of Transportation placed a "No Through Thick Traffic"
Restriction on Ruffin Mill Road from Ashton Park Drive to Ramblewood Road. Over the
last year, VDOT has installed additional signage and warning signals to discourage the
use of Ruffin Mill Road for through thick traffic. To assist in notifying thick drivers
exiting the property of the thick restriction, the applicant has proffered to install
additional signage. (Proffered Condition 5)
Vir ink is Department of Transportation (VDOT~:
Access to State maintained roadways requires the issuance of a land use pernut. Pernut
issuance is fiirther contingent on VDOT site plan approval identifying the access location,
proposed sign location and right-of--way improvements in accordance with Department
commercial entrance standards (Proffered Condition 5). The access location proposal will be
evaluated by VDOT through the County site plan review process.
VDOT recommends adding a sign on westbound Ashton Park Drive alerting tricks to the
weight restriction on Ruffin Mill Road as well It may be appropriate for the applicant to
Ei 14SN0~~9-2014OCT22-BC)S-RPT
increase the size and conspicuity of the existing thick restriction signage along westbound
Ashton Park Drive.
Econonuc Development:
The area to be nuned for sand are in the lower topography areas of the property and will
not affect the areas on the site that Econonuc Development promotes to industrial users.
LAND USE
Comprehensive Plan:
The Comprehensive Plan identifies the request property as part of an Industrial area where
moderate to intense manufacturing uses that are generally dependent upon the processing
of raw materials would be appropriate. Uses within an Industrial area would normally
have associated outside storage areas such as paint, paper, tobacco products, cement
manufacturing and thick ternunals.
Area Development Trends:
Properties to the north and east of the request property are zoned Agricultural (A) and
General Industrial (I-2) and are occupied by single-fanuly residential use or are vacant.
Properties to the south are zoned General Industrial (I-2) and are occupied by industrial use
or are vacant. Properties to the west are zoned Agricultural (A), General Industrial (I-2) and
Residential (R-15) and are occupied by single-fanuly residential and industrial use or are
vacant.
Zoning History:
On November 25, 1987 the Board of Supervisors, upon a favorable recommendation from
the Planning Comnussion, approved rezoning of an approximately 1,036 acre tract (of
which the request property is a part) from Agricultural (A) to General Industrial (M-2) with
conditional use planned development to pernut exceptions to ordinance requirements (Case
87SN0174). Conditions of approval were sinular to those that had been approved for other
industrial uses along Ruffin Mill Road and were designed to ensure land use compatibility,
transition and quality development. Conditions addressed uses, building materials,
screening, roads, signs, setbacks and buffers.
Use:
Mining operations to remove natural earth resources from the property and its subsoil would
be pernutted for ten (10) years on the 348.7 acre tract. The area where the actual nuning
(breaking or disturbing of the surface soil or rock to facilitate removal of materials) would
be linuted to a maximum of fifty (50) acres of the tract in the area identified as "Mining
Area" on Exhibit A (Proffered Conditions 11 and 13). In addition, Proffered Condition 12
would not pernut the conditional use to be transferred or nln with the land and operation of
the use would be linuted to the Goodrich Land Tnist or George Emerson or any business
entity for which he is a controlling member.
7 14SN0~~9-2014OCT22-BOS-RPT
Development Standards:
The Zoning Ordinance contains specific standards for nuning operations that must be
met. These standards are in addition to the approval of the State Department of Mines and
Minerals (DMIVIE).
The ordinance requires a plan of operation to be approved by Planning Director which
provides for safety and protection of other nearby interests and the general public health,
safety, convenience, prosperity and welfare. Specifically, the ordinance requires:
• 200 and 300 foot setbacks for excavation areas from properties zoned
agriculturally and residentially and from road rights-of--way
• 600 foot setback for buildings containing power-driven or power-producing
machinery
• Roadways to be designed to ensure safety, lessen congestion and eliminate any
nuisance from dust to neighboring properties
• Equipment used to be constricted, maintained and operated in a manner to
eliminate noises, vibrations or dust
• Processing areas to be maintained to ensure safety and security (i. e. fencing and
site postings)
• A satisfactory restoration plan and program verifying the land will be restored to a
safe, stable and usable condition (including re-grading, drainage, planting or other
suitable treatment) to resist erosion and conform with adjacent land characteristics
• The site to be restored in accordance with approved plans whenever the operation
shall have ceased for any period exceeding twelve (12) consecutive months
In addition, the request property lies within an Emerging Growth District Area. The
purpose of the Emerging Growth District Standards is to promote high quality, well-
designed projects. Where applicable, development must conform to the standards of the
Zoning Ordinance, which addresses access, landscaping, setbacks, parking, signs, utilities
and screening of outside storage areas.
Bonding:
The ordinance requires bonding with approved surety in an amount to guarantee the
restoration work and performance of other requirements. The applicant is seeking an
exception to the bonding requirement of the Zoning Ordinance so as not to be required to
post bonds with the State and County for the same work. (Proffered Condition 7 and Textual
Statement)
8 14SN0~~9-2014OCT22-BOS-RPT
Hours of Operation:
To address concerns of area citizens, Proffered Condition 6 linuts hours of operation on
weekdays from 7 a.m. to 6 p.m., on Saturdays from 8 a.m. to 5 p.m. with no Sunday
operation pernutted.
Blasting Restriction:
To address concerns of area citizens, Proffered Condition 10 prohibits the use of
explosives in any blasting/mining operations to excavate, break down or remove product
from the property.
CONCLUSION
The proposed land use is compatible with the Comprehensive Plan which suggests the property is
appropriate for moderate to intense industrial use. In addition, the proffered conditions, together
with the requirements of the Zoning Ordinance, nunimize the impact of the proposed land use on
area development and ensure land use transition.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (3/14 and 3/18/14):
The application was amended, a new Textual Statement was submitted, and revisions to
the proffered condition and Textual Statement were submitted.
Planning Commission Meeting (3/18/14):
On their own motion and with the applicant's consent, the Commssion deferred this case
to their April 15, 2014 public hearing.
Staff (3/19/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 24, 2014 for consideration at the Commission's
April 15, 2014 public hearing.
Applicant (3/31/14):
To date, no new information has been received.
9 14SN0~~9-2014OCT22-BOS-RPT
Planning Commission Meeting (4/15/14):
On their own motion and with the applicant's consent, the Commssion deferred this case
to their June 17, 2014 public hearing.
Staff (4/16/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 21, 2014 for consideration at the Commission's
June 17, 2014 public hearing.
Applicant (5/8 & 5/15/14):
Revised proffered conditions were submitted.
Applicant (6/12/14):
An additional proffered condition was received.
Planning Commission Meeting (6/17/14):
On their own motion and with the applicant's consent, the Commssion deferred this case
to their September 16, 2014 public hearing.
Staff (6/18/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 7, 2014 for consideration at the Commission's
September 16, 2014 public hearing.
Applicant, Bermuda District Board and Commssion Members, Area Property Owners, Virginia
Department of Mines and Minerals (DMME) Staff Member and County Staff (July 14, 2014):
A neighborhood meeting was held. The applicant explained the developer's plans to
mine an area that would eventually serve as a marina for a nuxed use development. Area
citizens expressed concerns relative to: traffic; hours of operation; noise and ground
shaking; dust; provision of trails; blasting; historic resources; impacts on area wells; and
impacts on environmental resources from dewatering and discharge.
10 14SN0~~9-2014OCT22-BOS-RPT
Applicant (7/24, 7/28 and 9/4/14):
The application was amended and revised proffered conditions and an exhibit were
submitted.
Applicant (9/12/14):
Proffered Condition 3 was amended.
Planning Commission Meeting (9/16/14):
The applicant accepted the recommendation.
There was opposition present expressing concerns relative to encroachment into Resource
Protection Areas, lack of trails along the Appomattox River; absence of detailed
operational plans; and need for county to request DMIVIE to conduct a public hearing in
pernutting this use.
Mr. Patton noted that two community meetings were held to clarify misinformation on
the proposal; industrial uses are consistent with the Plan; traffic on Ruffin Mill is an
existing issue; and, the site plan review process would address issues raised regarding
RPA protection and operational plans.
In response to questions of Mr. Waller, the Director of Environmental Engineering
confirmed that stormwater criteria of DMIVIE are generally more stringent than those of
county; that bi-weeldy county access to the property would not be an issue since there
will be an open land disturbance pernut during the operation; and that uses are limited to
extraction only. A DMIVIE representative offered a brief overview of requirements for
any dewatering plans and permitting water discharge.
Mr. Waller expressed concern relative to the neutral position taken by the county on trails
acquisition with this request.
Dr. Wallin and Mr. Gulley indicated an increased comfort level with the case relative to
the pernutting process and associated environmental protections.
On motion of Mr. Patton, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller.
The Board of Supervisors, on Wednesday, October 22, 2014 beginning at 6:30 p.m., will take
under consideration this request.
11 14SN0~~9-2014OCT22-BOS-RPT
14SN0559
TEXTUAL STATEMENT
Carrie E. Coyner Tnistee
March 18, 2014
Re: Zoning Application for Carrie E. Coyner Tnistee to request a Conditional Use Planned
Development to request exceptions to ordinance standards relative to use restrictions on
Chesterfield County Tax Identification Number 813-639-2566 as set forth hereinbelow.
The director of planning shall determine that the site plan and the plan of operations
adequately address the requirements for the restoration of the land to a safe, stable
and usable condition. Bonding for any or all restoration measures required by the site
plan and plan of operations that is provided to the Department of Mines and Minerals
(DMME) shall allow the director of planning to waive the requirement for a separate
surety to the county for those measures covered under the bond to the DMME. Surety
for any restoration measures not covered by bonding to DMME shall be provided to
the county prior to site plan approval.
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MINING AREA EXHIBIT
CHESTERFIELD COUNTY, VIRGINIA
"~ w4 JULY 11, 2014 SCALE : 1 " = 1000'
IMPROVEMENTS ARE NOT ~ 1~
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THIS EXHIBIT DOES NOT HVI: HIGHMARK ENGINEERING
REPRESENT A CURRENT FIELD 0 1000' 2000' ~~p ~
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14SN0559-1