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14SN0559CASE MANAGER: Darla Orr BS Time Remaining: 169 days STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 14SNO559 (AMENDED) Carrie E. Coyner, Trustee Bermuda Magisterial District Northeast corner of Ashton Park Drive and Ruffin Mill Road 1600 Ashton Park Drive REQUEST: (AMENDED) Conditional use to permit mining operations plus conditional use planned development to permit an exception to bonding requirements on a 348.7 acre tract in a General Industrial (I-2) District. PROPOSED LAND USE: A mining operation is planned. The land area where excavation will be permitted to extract/remove minerals is limited to fifty (50) acres. (Proffered Condition 13 and Exhibit A) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. 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, minimize the impact of the proposed land use on area development and ensure land use transition. Providing a FIRST CHOICE community through excellence in public senTice (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.) 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 submitted 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 further 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 permit has been issued for such property. This provision shall not apply when product excavated from this site is transported to a permitted 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 Determination (RPAD) and shall permit 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 determined 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 permitted by the property owner and as allowed by law. (EE) (STAFF/CPC) 4. Permitting. Prior to issuance of site plan approval, the developer shall provide a copy of the plan and permit approved by the Department of Mines and Minerals for the mining operations. (EE) (STAFF/CPC) 5. Traffic Control Signage. Prior to commencing any mining operations, the developer shall install signage to prohibit truck 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) 2 14SNO559-2015AUG26-BOS-RPT (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) (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 permits. There shall be no mining 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 permit 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 Limit. This Conditional Use shall be granted for a period of ten (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 Trust 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 run 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. 3 14SNO559-2015AUG26-BOS-RPT Existing Zonin I-2 Size: 348.7 acres Existing Land Use: Industrial or vacant Adjacent Zoning and Land Use: North — A and I-2; Single-family 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-family residential, industrial or vacant T TTTT TTTF c This request will have a minimal 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 (DMME) in permitting and monitoring surface mining operations. With the initial submittal of this request, the Department of Environmental Engineering held a meeting with personnel from DMME and the applicant to discuss the nature of this project. Upon the presentation by the applicant of the proposed mining activities, the representative of DMME 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 DMME. As confirmed by the DMME 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 DMME. In addition to the enforcement of State regulations, DMME provides a Mineral Mining Operators Manual, which can be found at: htlp://www.dmme-va.gov/commercedocsNA DMM Operators ManuLl-Rdf 4 14SNO559-2015AUG26-BOS-RPT The Land Disturbance Permit 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 tracking technology that will prompt the department's inspectors to visit the site at a minimum 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 permits from these agencies are necessary; however, proof of the issuance of these permits is not a prerequisite to the issuance of the DMME permit. To ensure appropriate level of due diligence is given to any impact of the proposed mining activities on the environment by all of these agencies, Proffered Condition 9 require copies of permits from these agencies to be submitted to the County prior to site plan approval and the issuance of a County land disturbance permit (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 mining 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 permit, Proffered Condition 9 prohibits any land disturbing activities before the DMME permit 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 minimal 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 mixed 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. 5 14SN0559-2015AUG26-BOS-RPT 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 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 future 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 future 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 Truck 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 truck traffic. To assist in notifying truck drivers exiting the property of the truck restriction, the applicant has proffered to install additional signage. (Proffered Condition 5) Virginia Department of Transportation (VDOT): Access to State maintained roadways requires the issuance of a land use permit. Permit issuance is further contingent on VDOT site plan approval identifying the access location, proposed sign location and right-of-way improvements in accordance with Department 6 14SNO559-2015AUG26-BOS-RPT 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 trucks to the weight restriction on Ruffin Mill Road as well. It may be appropriate for the applicant to increase the size and conspicuity of the existing truck restriction signage along westbound Ashton Park Drive. Economic Development: The area to be mined for sand are in the lower topography areas of the property and will not affect the areas on the site that Economic 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 truck terminals. 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-family 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-family residential and industrial use or are vacant. Zoning _ HigM: Use: On November 25, 1987 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, 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 permit exceptions to ordinance requirements (Case 87SN0174). Conditions of approval were similar 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. Mining operations to remove natural earth resources from the property and its subsoil would be permitted for ten (10) years on the 348.7 acre tract. The area where the actual mining (breaking or disturbing of the surface soil or rock to facilitate removal of materials) would 7 14SNO559-2015AUG26-BOS-RPT be limited 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 permit the conditional use to be transferred or run with the land and operation of the use would be limited to the Goodrich Land Trust or George Emerson or any business entity for which he is a controlling member. Development Standards: The Zoning Ordinance contains specific standards for mining operations that must be met. These standards are in addition to the approval of the State Department of Mines and Minerals (DMME). 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 constructed, 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. 8 14SNO559-2015AUG26-BOS-RPT 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) Hours of Operation: To address concerns of area citizens, Proffered Condition 6 limits 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 permitted. 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, minimize 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 Commission deferred this case to their April 15, 2014 public hearing. 9 14SNO559-2015AUG26-BOS-RPT 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. Planning Commission Meeting (4/15/14): On their own motion and with the applicant's consent, the Commission 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 Commission 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. 10 14SNO559-2015AUG26-BOS-RPT Applicant, Bermuda District Board and Commission 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 mixed 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. 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 DMME to conduct a public hearing in permitting 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 DMME are generally more stringent than those of county; that bi-weekly county access to the property would not be an issue since there will be an open land disturbance permit during the operation; and that uses are limited to extraction only. A DMME 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 permitting process and associated environmental protections. 11 14SNO559-2015AUG26-BOS-RPT 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. Board of Supervisors (10/22/14): At the request of the applicant, the Board deferred this case to their regularly scheduled meeting in February 2015. Staff (10/23/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 8, 2014 for consideration at the Board's February 2015, public hearing. In addition, the applicant was advised that a $1,000 deferral fee must be paid prior to the Board's February 2015 public hearing. Staff (2/10/15): The deferral fee was paid. Board of Supervisors (2/11/15): On their own motion, the Board deferred this case to their August 26, 2015, public hearing. Staff (2/12/15): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 22, 2015 for consideration at the Board's August 26, 2015, public hearing. Staff (8/5/15): To date, no new or revised information has been received. The Board of Supervisors on Wednesday, August 26, 2015 beginning at 6:30 p.m. will consider this request. 12 14SNO559-2015AUG26-BOS-RPT 14SNO559 TEXTUAL STATEMENT Carrie E. Coyner Trustee March 18, 2014 Re: Zoning Application for Carrie E. Coyner Trustee 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. 19 I �I a , r 11 rry �Yir��N ME it z+ 0 l r , ................................ 1, I;, .� V,,. LN II �'.,.✓ ... .. .. .. .. .. .. .. .......................(: w, ~ .......................................... ,N I ........... r y w, _._ ...w ...... .. ..........:::::: ............................... ............................ . .o. low, "" ....... A 40« ................ .................. .................. ...... II I I 16 L. i' w I N h+ a Q i' YILIJui co '� a�► O N 4 LL O �' f� baa-�.�il r.. _.-._�./�• I M�., ���,!' may" , Cfl Y W W QC IAlft 00, Q A w W Ii' ,ft �, N j Q LL LO o LO CD o 1� *ft- qj* Lo �_ r... �'' cr s• I EXHIBIT A I /7 MINING AREA l j FT -1 SH D. BRYWANII?�MON Z Lici 37085 IMPROVEMENTS ARE NOT NZY&-rONAL f�V SHOWN ON THIS EXHIBIT -10640404v THIS EXHIBIT DOES NOT REPRESENT A CURRENT FIELD 0 low 2000' SURVEY. Tn 1w MINING AREA EXHIBIT CHESTERFIELD COUNTY, VIRGINIA JUL Y 11, 2014 SCALE: 1" = 1000' HIGHMARK ENGINEERING 13281 RIVERS BEND BLVD., SUITE 201 CHESTER, VA 23838 P (804)_8 95-2575 bgammonGhIghmarkeng.00m F(804)-530-3984 14SN0559-1