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15SN0593 CASE NUMBER: 15SN0593 (AMENDED) APPLICANT: Virginia Health Care Waste Management Cooperative, Inc. CHESTERFIELD COUNTY, VIRGINIA Magisterial District: BERMUDA ADDENDUM Board of Supervisors (BOS) Public Hearing Date: FEBRUARY 11, 2015 BOS Time Remaining: 365 DAYS Applicant’s Agent: Christopher M. Gill (804-697-6114) Applicant’s Contact: Christopher S. Bailey (804-965-1227) Planning Department Case Manager: Darla Orr (804-717-6533) APPLICANT’S REQUEST Conditional use to permit a medical waste transfer facility in a Heavy Industrial (I-3) District. A regulated medical waste transfer facility is planned. (NOTES: A. Conditions may be imposed or the property owner may proffer conditions. B. A revised proffered condition is located in Attachment 1) ADDENDUM The purpose of this Addendum is to provide a revision to Proffered Condition 9 submitted by the applicant on February 10, 2015. (NOTE:THEREVISION TO A PROFFERED CONDITION WAS SUBMITTED AFTER PUBLIC ADVERTISEMENT OF THIS CASE. THE BOARD OF SUPERVISORS MUST UNANIMOUSLY AGREE TO SUSPEND THEIR RULES IN ORDER TO CONSIDER THIS REVISED PROFFERED CONDITION.) In response to questions from the Bermuda District Supervisor relative to the prohibition of eastbound traffic on Osborne Road, the applicant submitted a revision to Proffered Condition 9 to clarify the restriction applies to all truck traffic on Osborne Road west of the railroad right of way, whether east or westbound. The change in Proffered Condition 9 is identified with struck language in Attachment 1. Staff continues to recommend approval of this request as outlined on the next page. Providing a FIRST CHOICE community through excellence in public service RECOMMENDATIONS PLANNING RECOMMEND APPROVAL COMMISSION (1/20/2015) RECOMMEND APPROVAL STAFF Complies with Comprehensive Plan Addresses impacts of use on area development 215SN0593-2015FEB11-BOS-ADD ATTACHMENT 1 PROFFERED CONDITION 9.Trucks entering or leaving the site shall access Osborne Road from Old Stage Road, and shall not travel on westboundOsborne Road west of the railroad right of way. Prior to commencing operation of the waste transfer facility, the Facility Operator shall install signage to prohibit truck traffic exiting the site from traveling on westbound Osborne 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 Facility Operator shall maintain the signage until all medical waste transfer operations on the property have ceased. (T) 315SN0593-2015FEB11-BOS-ADD CASE NUMBER: 15SN0593 (AMENDED) APPLICANT: Virginia Health Care Waste Management Cooperative, Inc. CHESTERFIELD COUNTY, VIRGINIA Magisterial District: BERMUDA STAFF’S ANALYSIS AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: FEBRUARY 11, 2015 BOS Time Remaining: 365 DAYS Applicant’s Agent: Christopher M. Gill (804-697-6114) Applicant’s Contact: Christopher S. Bailey (804-965-1227) Planning Department Case Manager: Darla Orr (804-717-6533) APPLICANT’S REQUEST Conditional use to permit a medical waste transfer facility in a Heavy Industrial (I-3) District. A regulated medical waste transfer facility is planned. (NOTES: A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered conditions are located in Attachment 1) RECOMMENDATION PLANNING RECOMMEND APPROVAL COMMISSION (1/20/2015) RECOMMEND APPROVAL STAFF Complies with Comprehensive Plan Addresses impacts of use on area development Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue PLANNING - FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 215SN0593-2015FEB11-BOS-RPT 315SN0593-2015FEB11-BOS-RPT Map 2: Comprehensive Plan – The (Northern) Jefferson Davis Corridor Plan Classification: INDUSTRIAL The designation suggests the property is appropriate for moderate to intense manufacturing uses generally dependent upon processing of raw materials and uses normally have outside storage areas. Map 3: Surrounding Land Uses & Development Railroad Vacant/future Industrial use Industrial (office warehouse or truck terminal); Approval to permit church use pending Aerial shows former pallet company no longer operating on the property Osborne Rd 415SN0593-2015FEB11-BOS-RPT PLANNING Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov PROPOSAL Operation of a regulated medical waste transfer business is planned. OPERATION Each morning the applicant would dispatch trucks from the property to pick up regulated medical waste from the health care facilities (such as hospitals, medical offices and laboratories and nursing homes) it serves. The applicant indicates that driverswould operate daily routes. Each driver would transport sealed containers of medical waste collected from a route to the request property. The amount, type and weight of waste would be recorded on a waste manifest. The waste would be transferred from the truck to a secured trailer located within the building. Each day a driver from the applicant’s treatment facility (in Roanoke, VA) would deliver empty trailer(s) to the property and remove the full trailer(s). The following provides an overview of the use limitations and the development’s design standards: GeneralOverview Requirements Details Security fenceand cameras Security plan submitted to County every 2 years Security Trailers & containers marked to identify contents Proffered Conditions 4, 5, 6 &7 All transfer within an enclosed building Waste handled to protect from exposure to elements Notification & clean-up plan submitted to County Operations/Safety Sealed concrete floor in building Only 2 trailers containing waste allowed with time limit Proffered Conditions 2, 3 & 8 DEQ permit and plans submitted to County Confirmation of Permit Proffered Condition 1 Site access via Old Stage Road No trucks westbound on Osborne Road, west of railroad Truck Traffic Limitation Signage installed to notify drivers of restriction Proffered Condition 9 REGULATION In addition to compliance with the proposed conditions and other laws/ordinances as applicable, the regulated medical waste transfer facility would be allowed by the Department of Environmental Quality’s (DEQ’s) “Permit by Rule.” The “Permit by Rule” requires compliance with established criteria including, although not exclusively, analysis of potential environmental impacts, and protecting natural resources. The applicant must provide the County a copy of all plans and permits approved by DEQ for the proposed facility. (Proffered Condition 1) 515SN0593-2015FEB11-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Greg Smith (804-706-2012) smithgd@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station Dutch Gap Fire Station, Company Number 14 EMS Facility Bensley-Bermuda Volunteer Rescue Squad The request will have a minimal impact on Fire and EMS services. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. Additional Information: To address concerns expressed by area residents, the applicant has proffered that the site will be accessed via Old Stage Road, without westbound truck trips on Osborne Road west of the railroad. To assist in notifying truck drivers exiting the property of the truck restriction, the applicant has proffered to install signage. (Proffered Condition 9) VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT Land Use Regulations Access Management (24VAC30-73) The existing site access is in poor condition and does not comply with Access Management Regulation standards for a commercial entrance used by heavy vehicles. The access is to be improved in accordance with current standards. Land Use Permit (24VAC30-151) A Land Use Permit is required for the access improvements at the Osborne Rd. connection. Permit issuance is subject to review/approval of a site plan by the Department, through the County site plan review process. The applicant has advised that they are working with a consultant engineer on developing plans. 615SN0593-2015FEB11-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov Theproposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing LineConnection Required by County Code? Serviced? Water No 12”Yes Wastewater Yes 33”Yes Map 5: Existing Water & WastewaterSystems Additional Utility Discussion Backflow & " ¢ª¥«®¶ ¯±¤µ¤­³¨®­ ¥®± ¶ ³¤±  ­£ ¬®­¨³®±¨­¦ ¬ ­§®«¤ ¥®± Monitoring ¶ ²³¤¶ ³¤± ¶¨«« ¡¤ ±¤°´¨±¤£ȁ Ordinance 715SN0593-2015FEB11-BOS-RPT ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard (804-748-1028) pritchardd@chesterfield.gov Environmental Engineering has not comment on this request. 815SN0593-2015FEB11-BOS-RPT CASE HISTORY Applicant Submittals 8/29/2014 Application submitted 12/17/2014 Revised and additional proffered conditions were submitted 1/20/2015 The application and proffered conditions were amended to remove waste treatment as a permitted use Community Meetings 11/12/2014 Issues Discussed Security of site and building Potential ground water contamination and impacts on the environment and surrounding properties from operation or as a result of an accident/spill Trucks traveling westbound on Osborne Road Opposition to use in proximity to area homes 12/15/2014 Issues Discussed Applicant’s operation plan Permitting requirements of the Virginia Department of Environmental Quality (DEQ) Impact on property values Security of site and building Potential health hazards from waste and impacts on area properties and the environment Opposition to use in proximity to area homes Truck prohibition on Osborne Road Security of site and building Potential for leakage from waste in and around building Planning Commission 11/18/2014 Commission Discussion Mr. Patton stated a deferral to the January 20, 2015 meeting would permit the applicant time to respond to concerns expressed by area residents and allow for a second community meeting. Action – DEFERRED TO JANUARY 20, 2015 1/20/2015 Applicant Comments Applicant operating since 1995 with violation free record Daily collection of contained medical waste with daily transfer to an off- site treatment facility All activities within the enclosed building with sealed floor They operate a treatment facility in Roanoke, VA Must notify DEQ and the County immediately if any spill occurs Disinfect interior of trucks nightly with pads to collect all liquids Plan to have no more than 5 trucks working pick-up routes from this facility 915SN0593-2015FEB11-BOS-RPT Citizen Comments Oppose use in proximity to residential uses west on Osborne Road Unmanned facility will not offer supervision of drivers Question security and potential for vandalism Concern with possible accidents and spills Oppose trucks carrying medical waste on Osborne Road in front of their homes Concentration of hazardous uses exist in Dutch Gap area; oppose additional industrial uses Commission Discussion Dr. Wallin and Mr. Waller expressed concerns that no 24 hour attendant is required In response to questionsconcerning hazardous waste, the applicant agreed to add Proffered Condition 10 which would prohibit storage or transfer of nuclear waste. In response to a question from Mr. Waller, the applicant offered as an example types of items that may be transported in the sealed waste containers (i.e. cultures, sealed sharps containers, small amount of anatomical materials such as skin samples and bloody gauze) Dr. Brown stated that use meets a public need and conditions address his concerns Dr. Wallin stressed the importance of looking at where these types of uses might be appropriate in the county Mr. Gulley suggested that the applicant consider proffering a condition that would require the waste to be removed daily to reflect the applicant’s stated operations planand that he did not believe the use proposes a danger to the public as the property is in a Heavy Industrial (I-3) zoning district Mr. Patton explained that requiring 24 hour attendants is not necessary nor common for industries where hazardous materials are used/stored; that the conditions appropriately address security; that the property is in a heavy industrial area and the applicant has offered conditions to mitigate the impacts; that the treatment component has been withdrawn; that all transfer of waste will occur in a controlled space; and, the applicant will ensure their drivers do not travel west on Osborne Road Action – RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 ON PAGES 11 AND 12 Motion: Patton Seconded: Brown Ayes: Gulley, Waller, Brown and Patton Nays: Wallin The Board of Supervisors on Wednesday, February 11, 2015, beginning at 6:30 p.m., will consider this request 1015SN0593-2015FEB11-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: (STAFF/CPC) – Recommended by the Planning Commission and Staff (STAFF/CPC)1. Prior to the issuance of a certificate of occupancy for any medical waste transfer useand/or facility, the applicant shall provide copies of all plans and permits approved by the Department of Environmental Quality for such use and/or facilityto the Planning Department. (P) (STAFF/CPC)2. All transfers of medical waste shall be conducted in accordance with all applicable laws. All transfers of waste shall occur within an enclosed building. The floor of the building shall be coated with a sealant or otherwise treated and maintained to ensure the floor is impermeable to liquids. All transfersof medical waste shall be conducted in a manner that would ensure such waste is not degraded by exposure to the elements. (P) (STAFF/CPC) 3. Trucks and trailers emptied of all waste shall be permitted to be parked overnight onsite. In addition, a maximum of two (2) storage trailers containing waste shall be permitted onsite at any given time provided that no medical waste shall be stored in such trailers for more than seventy-two (72) hours unless it is refrigerated, maintained at an ambient temperature between thirty-five (35) and forty-five (45) degrees Fahrenheit. (P) (STAFF/CPC) 4. All trucks and trailers containing medical waste shall be marked in accordance with state and federal laws, to identify the contents under transport or in storage as medical waste. All containers of medical waste also shall be labeled to identify the contents as medical waste. (ES) (STAFF/CPC) 5. The facility shall be enclosed by a minimum six (6) foot high fence designed to preclude trespassing. The fence shall be posted in a manner to provide notice that medical waste is stored on the site. The exact design and location of this fence and posting shall be approved by the Planning Department and Emergency Services prior to the issuance of a certificate of occupancy for the use. (P and ES) (STAFF/CPC) 6. Security cameras shall be located and maintained on site to monitor the exterior and interior of any building. (P) (STAFF/CPC) 7. A security plan shall be submitted every two (2) years for review and approval by the Police Department and, if necessary, modified to insure that medical wastes are secured. (PD) 1115SN0593-2015FEB11-BOS-RPT (STAFF/CPC)8. A notificationand cleanup plan shall be submitted every two (2) years for review and approval by Emergency Services and, if necessary, modified to insure that medical waste spills are quickly and safely cleaned and transported to an approved disposal facility. (ES) (STAFF/CPC) 9.Trucks entering or leaving the site shall access Osborne Road from Old Stage Road, and shall not travel on westbound Osborne Road west of the railroad right of way. Prior to commencing operation of the waste transfer facility, the Facility Operator shall install signage to prohibit truck traffic exiting the site from traveling on westbound Osborne 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 Facility Operator shall maintain the signage until all medical waste transfer operations on the property have ceased. (T) (STAFF/CPC) 10. The transfer and/or storage of nuclear waste shall not be permitted. (P) 1215SN0593-2015FEB11-BOS-RPT