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93SN0229REQ U EST AN^LYSIS AND RECOMMENDATION 93SN0229 Solar Development Service Corporation Matoaca Magisterial District Off the north line of Belcherwood Road REQUEST: (Amended) Amendment to Conditional Use (Case 87S005) permitting a construction/demolition/debris landfill to permit shredded tires to be utilized solely in the construction of the drainage and drainage protection layers of a cell. Specifically, Condition II of Case 87S005 restricts fill material to soil, stone, rocks, land cleared and building materials. Amendment to Condition II of Case 87S005 is requested as reflected herein. PROPOSED LAND USE: A construction/demolition/debris landfill has existed on the request property since 1987 (Case 87S005). This landfill operation was approved and developed prior to the adoption of current Zoning Ordinance standards for such landfills, but is subject to conditions of zoning approval and current State and Federal standards for landfills. With the approval of this request, all conditions of zoning and site plan approval, and all State and Federal regulations applicable to this landfilling operation, would remain in effect. As noted herein, the applicant is seeking amendment to Condition II of Case 87S005 to add tires to the list of permitted fill materials. Specifically, the applicant intends to shred the tires for use solely in the construction of required drainage and drainage protection layers within new landfill cells, subject to obtaining approval from the Virginia Department of Environmental Quality relative to the design and construction of the proposed drainage system. This amendment would not allow the depositing of tires in any form as debris material, but allow shredded tire material to be placed in the landfill as part of an engineered cell liner. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: An existing construction/demolition/debris landfill has operated on a portion of the request property since 1987, and landfilling activities have been conducted in the area since 1982. These landfilling operations have had no apparent adverse impact upon area residences or the environment. Approval of this request would allow this existing, approved landfill to receive tires as a permitted fill material. The conditions of zoning approval for Case 87S005, together with applicable State and Federal regulations, ensure proper operation of the landfill, protection of groundwater resources and reclamation of the property once landfilling operations cease. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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.) CONDITIONS (STAFF/CPC) 1. Fill material shall be limited exclusively to soil, stone, rock, land cleared and building materials, and shredded tire material to be used solely in the construction of the drainage layer and drainage protection layer of landfill cells. (P) (Note: This condition supersedes Condition II of Case 87S005.) (STAFF/CPC) 2. Except for a period not to exceed ninety (90) days per calendar year during the construction of the drainage and protective liners, no more than 5,000 cubic feet of whole or shredded tire material may be stored on-site. During the ninety (90) day period only those tires or shredded tire material necessary to construct the drainage and protective liner which is under construction at that time shall be stored on-site. Other than during the ninety (90) day period, no tires shall be shredded on- site. Stockpiled tires or shredded tire material shall be stored so as to minimize the potential for tires or shredded tire material to become a 2 93SN0229/WP/DEC15H breeding habitat for vectors (mosquitoes, rodents, etc.) and further minimize the potential for tires or shredded tire material to become a fire hazard. The exact method of storing tires and shredded tire material shall be approved by the Planning Department and the Fire Prevention Bureau at the time of site plan review. (P&F) (STAFF/CPC) 3. There shall be no burning of tires. (P) (STAFF/CPC) 4. At such time that public water is extended to within 200 feet of the parcel upon which the landfill is located Gl'ax Map 77 (1) Parcel 1), public water shall be extended to the landfill site and fire hydrants shall be installed for fire protection. The exact number and location of fire hydrants shall be approved by the Chesterfield County Fire Prevention Bureau. (F) (STAFF/CPC) 5. Until such time that fire hydrants are installed on the landfill site, existing ponds located on the landfill site shall be maintained as draft sites for fire suppression water. Prior to any on-site storage of or filling with tires, a fire control plan for maintaining these ponds as draft sites, and for providing fire access to these ponds, shall be submitted to the Fire Prevention Bureau for approval. (F) (NOTES: a.) Conditions 2 through 5 are in addition to conditions of zoning approval for Case 87S005. b.) Except as noted herein, all other conditions of zoning approval for Case 87S005 remain in effect. c.) In addition to these conditions and conditions of zoning approval for Case 87S005, the Virginia Department of Environmental Quality regulations for construction/demolition/debris landfills would apply to this use. Such regulations, if more restrictive and appropriate to this facility, would supersede the requirements of Zoning Ordinance and/or these conditions.) GENERAL INFORMATION Location: Offthe North line of Belcherwood Road. Tax Map 77 (1) Part of Parcel 1 (Sheet 21). 3 93SNO229A, VP/DEC15H Existing Zoning: A with Conditional Use Size: 22.0 acres Existing Land Use: Active construction/demolition/debris landfill. Adjacent. Zoning & Land Use: North - A; Inactive, closed construction/demolition/debris landfill. South - A; Vacant East - A; Single family residential (existing farm) West - A; Vacant Utilities: Public Water System PUBLIC FACILITIES A 16 inch water line is located at the intersection of Mill House Road and Spring House Drive, approximately 2,200 feet south of the subject parcel. Public water is not available to the parcel at this time. Public Wastewater System The public wastewater system is not available to the parcel at this time. Environmental: Drainage and Erosion Property drains to Swift Creek. No existing or anticipated drainage or erosion control problems. At the time of site plan review for any new facilities, recommendations will be made to ensure continued compliance with County Ordinances and previously imposed conditions of zoning approval relative to drainage and erosion control. 4 93SN0229/WP/DEC15H Environmental .Coordinator As noted herein, the depositing of tires within construction/demolition/debris landfills is regulated by the Virginia Department of Environmental Quality. Compliance with departmental regulations for such landfilling operations will minimize the potential for depositing of tires to have any adverse environmental impacts. Further, the design and construction of a landfill liner using shredded tires as a drainage material must be approved by the Department of Environmental Quality. Prior to departmental approval, documentation to verify the effectiveness of using shredded tires as drainage material within the landfill liner must be submitted for review and approval. Fire ,Service: Clover Hill Fire Station, Company #7. Vehicle tire materials have been shown to present a significant fire control/extinguishment challenge which may result in environmental damage and excessive burden on the available Fire Department resources. It is recommended that a condition be placed on the approval of this request which would require the owner to provide fire hydrants, located in accordance with nationally recognized standards, at such time as County water is extended to within 200 feet of the property lines which bound the landfill site or within 200 feet of the access road entrances to the site (Condition 4). Until such time as County water becomes available, the existing ponds located on-site should be maintained accessible as draft sites for fire suppression water. (Condition 5) If properly conditioned, the proposed amendment, to include tires as permitted fill material will not generate additional need for fire protection services. (Conditions 3 through 5) Transportation: This request will have a minimal impact upon the existing transportation network. LAND USE General Plan: Lies within the boundaries of the Southern and Western Area Plan, which designates the property for residential use of one (1) to five (5) acre lots. Area Development Trends: As noted herein, the request property and surrounding area is zoned agriculturally and is characterized by scattered single family residences on acreage parcels, tracts of vacant land and a closed construction/demolition/debris landfill on adjacent 5 93SN0229/WP/DEC15H property to the north. Since approval of the original Conditional Use for the landfill in 1987, property to the south along Spring Run Road, to the north along Claypoint Road and to the west along Bailey Bridge Road has been zoned and/or developed for single family residential uses. Further, it is anticipated that future area development will continue to consist of single family residential uses. Given these considerations, once the existing landfill is fully developed and closed, no further amendments to expand the operation should be approved. Specifically, landfilling operations should typically be encouraged in areas where the General Plan anticipates that future land uses will be characterized by agricultural and forestal activities, and discouraged in those areas identified on the Plan for future residential uses. Zoning History: On February 25, 1987, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a Conditional Use to permit a landfill on the request property (Case 87S005), subject to the following conditions: The following conditions notwithstanding, the plan prepared byJ. K. Timmons and Associates, P.C., revised November 6, 1986, shall be considered the Master Plan. (P) Within the fifty (50) foot buffer along the western property line, landscaping, including existing vegetation, having a sufficient initial height and of a species which will provide year-round screening shall be installed. If existing vegetation and/or topography is not sufficient to provide year-round screening, additional landscaping shall be installed. Other than utilities which run generally perpendicular through the buffer and a fence, there shall be no facilities located within the buffer. The limits of the buffer shall be defined to preclude dumping and grading within the buffer. Also, there shall be no filling or grading permitted in the buffer except that necessary to accommodate utilities. A detailed plan depicting this requirement shall be submitted to the Planning Department in conjunction with final plan review. (P) Until such time as it has been determined by the Environmental Engineering Department and/or the Department of Waste Management that the existing landfill has been constructed and adequately stabilized in accordance with a plan approved by Environmental Engineering, there shall be no new debris deposited in the proposed landfill area. (EE) The final document titled, "General Standards for Permit Issuance for Construction-Demolition-Debris (CDD) Landfills" and the final plan of development shall be submitted to, and approved by, Environmental Engineering, the Planning Department and the State Department of Waste 6 93SN0229/WP/DEC15H Management. Upon final approval, the document shall serve as the plan and operational program for the landfill. (EE) Standard and Specification 1.26 sediment basins shall be installed in those locations deemed necessary by the Environmental Engineering Department. (EE) The area of permitted landfill activity shall be clearly defined by a permanent means. The method of delineation shall be approved by the Planning Department. (P) o Prior to any vegetative disturbance, all necessary off-site easements downstream of the affected drainage area shall be obtained. (EE) The plan shall indicate the desired sequencing of events for the proper implementation of erosion control devices in conjunction with the plan of operation. (EE) Hydroseeding and mulching shall be completed within fifteen (15) days after achieving finished grade of each cell. (EE) 10. Prior to any vegetative disturbance, all necessary approvals and/or permits from the Department of Waste Management, Environmental Engineering, and the Planning Department shall be acquired. (EE) 11. Fill material shall be limited exclusively to soil, stone, rock, land cleared and building materials. (P) 12. Prior to any further fill activity, a certified engineering report identifying the contents of the existing fill area shall be submitted to the Planning Department. Upon completion of filling, a certified engineering report identifying the contents shall be submitted to the Planning Department. (P) 13. The access road into the site shall be secured with a gate which shall be locked to prohibit indiscriminate dumping. (P) 14. Unless required by the Department of Waste Management, every twelve (12) months from the date of approval, a certified report of the surface and groundwater shall be submitted to the Planning Department. This report shall reveal that the landfill has not resulted in the contamination of the surface and groundwater. (P) 7 93SN0229/WP/DEC15H 15. Until such time as plan compliance and stabilization of any existing cell has been determined by Environmental Engineering, there shall be no operation of a succeeding cell. (EE) 16. Construction of any facilities over the fill area shall not be permitted unless soil engineering studies approve the suitability of such construction. (SS) 17. During the hours of operation, a supervisor shall be located on the site for the purpose of monitoring and directing the fill activity or the site shall be secured to preclude indiscriminate dumping by the general public. (P) 18. A plat showing the exact metes and bounds of the fill area shall be submitted to the Planning Department. This plat shall note all conditions stated herein and, upon approval by the Planning Department, shall be recorded in the Circuit Court with the property reference. (P) 19. Prior to any filling, the fire control plan shall be approved by the Chesterfield County Fire Prevention Bureau. (P) These conditions, together with applicable State and Federal regulations, were designed to minimize the impact of the landfill upon area properties and the environment. Site Design: As noted herein, a landfill operation has existed on the request property since 1987. Access to the landfill is provided via an all weather driveway to Qualla Road. All landfilling activity is subject to the requirements of the conditions of zoning approval for Case 87S005, as well as State and Federal regulations applicable to construction/demolition/debris landfills. These requirements address setbacks, buffers, landfill cell designs, access, paving, site security, drainage, erosion control and water quality, plus other aspects to landfill design, construction, operation, closure and site reclamation intended to minimize the impact of landfilling activities upon surrounding properties and existing and future area development, and further intended to protect the environment. In addition, a properly designed and operated facility will provide an environmentally sound means of recycling used and discarded tires. Specifically, there are available locally few, if any, significant tire disposal or recycling alternatives. This has led to area businesses having to stockpile quantities of discarded tires, and also to illegal dumping of tires on vacant land, in Chesterfield County. The proposed use of tires within properly designed, constructed and operated construction/demolition/debris landfill cells could relieve this tire disposal problem. 8 93 S N0229A,V P/D EC 15 H As accessory to landfilling with ti res, the applicant intends to operate a tire shredding machine, make provision for the limited stockpiling of tires awaiting shredding and/or disposal, and provide for stockpiling of large quantities of shredded tire material on- site during the construction of landfill cell liners. At the time of site plan review for these facilities, staff will make recommendations relative to the location and operation of these facilities, to ensure that dust and noise from the shredding operation does not adversely affect area properties or the environment. In addition, the stockpiling and disposal of tires, as well as the storage of shredded tire material used to construct landfill liners, should be restricted to prevent tire stockpiles from becoming a nuisance or a health and safety hazard, or from altering the character and function of the approved landfilling operation. (Conditions 2 and 3) As noted herein, the applicant intends to use shredded tires as drainage material for the required liner within a landfill cell currently under construction. The use of shredded tires in the design and construction of the landfill liner drainage system must be approved by the Virginia Department of Environmental Quality. It should also be noted that the existing landfill operation was approved prior to adoption of Zoning Ordinance standards for the design of landfill liners, and therefore would not require amendment to Zoning Ordinance requirements for landfill drainage materials to permit use of shredded tires in the landfill drainage system. Virginia Department of Environmental Ouality, Waste Management Division: The existing landfilling operation is permitted by the Virginia Department of Environmental Quality. According to the Department, the existing landfilling operation is in compliance with current applicable State regulations. The Department of Environmental Quality allows the depositing of tires for fill material within construction/demolition/debris landfills, subject to the following requirements: More than 1,000 discarded tires shall not be stored at a solid waste management facility unless the permit for the facility expressly aJlows such storage. Tires disposed of shall be split, cut, or shredded before disposal and should be dispersed in the workface with other solid wastes. Alternate burial not incorporating cutting or splitting at a specific facility may be approved if the method will assure that tires will not emerge from the burial facility. It should be noted that, except during construction periods for cell liners, recommended Condition 2 would limit the stockpiling of tires to a maximum of 5,000 cubic feet of whole tires, which is approximately equivalent to 1,000 tires, or an equivalent volume of shredded tire material. Imposition of this condition would 9 935 N 0229/W P/D EC 15 H require amendment to the Conditional Use, in addition to State approval, for storage of greater quantities of tires or shredded tire material during non-construction periods. The Department of Environmental Quality has given approval of the use of shredded tires as a protective layer, atop a conventionally constructed drainage landfill liner. The exact design and construction of the landfill drainage system must be approved by the Department's Waste Management Division. .Conclusions: As noted herein, a construction/demolition/debris landfill has operated on the request property since 1987. This landfill has had no apparent adverse impact upon area residences or the environment. In addition, the current conditions ofzoningapproval for the existing construction/demolition/debris landfill, together with the recommended conditions and applicable State and Federal regulations, ensure proper operation of the landfill, protection of groundwater resources and reclamation of the property once landfilling operations cease. In particular, landfilling with tires would only be conducted within lined landfill cells with appropriate leachate collection facilities and leachate disposal procedures. Given these considerations, approval of amendment to Conditional 87S005), to permit the depositing of tires within an construction/demolition/debris landfill, is recommended. Use (Case existing CASE HISTORY Planning Commission Meeting (7/20/93): At the request of the applicant, the Commission deferred this case for sixty (60) days. Staff (7/21/93): The applicant was advised in writing that any substantial changes should be submitted no later than July 27, 1993, for consideration at the Commission's September 21, 1993, public hearing. The applicant was also advised that a $50 deferral fee must be paid prior to the September public hearing. 10 93SN0229/WP/DEC15H Applicant (8/23/93): The $50 deferral fee was paid. In addition, the applicant submitted additional information, including engineering studies, relative to the use of shredded tires as a drainage liner material. Nothing in the results of these studies suggest using tires in this manner will compromise the operation of the landfill leachate collection system or introduce additional pollutants into the environment. Applicant, Area Residents, Matoaca District Commissioner and Staff (9/7/93): A meeting was held to discuss the proposal. Concern was expressed relative to the impact the landfill has upon area development and the environment, and the use of shredded tires as a landfill drainage liner. The applicant agreed to pursue approval of shredded tires, as a drainage liner material, from the Virginia Department of Environmental Quality. Planning Commission Meeting (9/21/93): At the request of the applicant, the Commission deferred this case for sixty (60) days. Staff (9/22/93): The applicant was advised in writing that any substantial changes should be submitted no later than October 11, 1993, for consideration at the Commission's November 16, 1993, public hearing. The applicant was also advised that a $50 deferral fee must be paid prior to the November public hearing. Applicant (10/15/93): The $50 deferral fee was paid. Applicant (10/25/93): The applicant submitted documentation from the Virginia Department of Environmental Quality granting tentative approval for the use of shredded tires as a protective layer atop a conventionally constructed landfill drainage layer. 11 93SN022 9/WP/D ECl 5H Applicant (11/10/93): The applicant amended the request to restrict tires, as fill material, to shredded tires used solely in the construction of required drainage and drainage protection layers within landfill cells. This amendment would have the effect of prohibiting the depositing tires in any form as debris fill material, but allow shredded tire material to be placed in the landfill as part of an engineered cell liner. Planning Commission Meeting (11/16/93): The applicant accepted the recommendation. There was opposition present. Concern was expressed that approval of the applicant's requires would have detrimental impacts on area residences, property values and traffic; would create a fire safety hazard; and would pollute the environment. Concern was also expressed that information, concerning the Iongterm effects of using tires in landfill cell liner construction, was lacking. Mr. Marsh noted that the landfill operation had been in existence for a number of years with no known adverse impact upon the area or the environment. He stated that information provided by the applicant, staff and the State indicated tire chips can be used as landfill cell liner material with no adverse environmental impacts. He further stated that the recommended conditions would address concerns relative to fire safety. Mr. Gulley noted that State regulations and expertise relative to use of tire chips in cell liner construction, should be adequate to ensure public safety. On motion of Mr. Marsh, seconded by Mr. Miller, the Commission recommended approval of this request, subject to the conditions on pages 2 and 3. AYES: Unanimous. The Board of Supervisors on Wednesday, December 15, 1993, beginning at 7:00 p.m., will take under consideration this request. 12 93SN0229/WP/DEC15H ./' REEDY MI LANDFILL ACCZ ROADi -...//93SN0229 --; - :AMEND C.U. SH. 21 S ZONING OPINION REQUEST TO: FROM: .. DATE: TAX MAP ADDRESS CURRENT ZONING PROPOSED ZONING/USE LAND USE PLAN/DESIGNATION APPLICANT NAME PHONE NUMBER ADDITIONAL COMMENTS FD/DEC 12/dram :