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18SN0544 CASE NUMBER: 18SN0544 (AMENDED) APPLICANTS: Horner N G et al Trustees et al, Martin Marietta Materials, Inc., Horner Investments, LLC, and C.A.H. Investments, LLC CHESTERFIELD COUNTY, VIRGINIA CLOVER HILL DISTRICT AND RECOMMENDATION Board of Supervisors Hearing: NOVEMBER 15, 2017 Board of Supervisors Time Remaining: 365 DAYS Applicants Agent: BRENNEN KEENE (804-775-1005) Planning Department Case Manager: 266.2 Acres 3600 Warbro Road JANE PETERSON (804-748-1045) REQUEST (AMENDED) Amendment of zoning approval (Case 09SN0214) relative to access in a General Industrial (I-2) District. The applicants propose to amend Proffered Condition 7.B. to allow access to a relocated asphalt plant from Memphis Boulevard. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions, Textual Statement and conceptual site layout are located in Attachments 1 - 4. SUMMARY Expansion of an existing quarry into an area currently occupied by an asphalt and concrete plant is planned. Retention and relocation of the asphalt plant from the northern to southwestern portion of the property is proposed to accommodate this quarry expansion. Access to the plant, which is currently provided from Warbro Road, is proposed from Memphis Boulevard. Use of Memphis Boulevard is limited by conditions of zoning, necessitating an amendment to permit this proposed plant access. RECOMMENDATION APPROVAL PLANNING COMMISSION APPROVAL STAFF The anticipated traffic impact of this proposal is minimal. Providing a FIRST CHOICE community through excellence in public service 18SN0544-2017NOV15-BOS-RPT 2 Comprehensive 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. Surrounding Land Uses and Development Genito Rd Rt. 288 Industrial & Commerical Warbro Rd Commercial Memphis Nuttree subdivision Blvd Hull Street Rd 18SN0544-2017NOV15-BOS-RPT 3 PLANNING Staff Contact: Jane Peterson (804-748-1045) petersonj@chesterfield.gov Zoning History Case Number Request Initial rezoning and use permit to allow the operation of a quarry 72-117C, 76SN0150, and asphalt plant on a portion of the request property approved in 80SN0044, 85SN0153, 1972. 86SN0006, 97SN0229, Additional zoning approvals to permit expansions of, and 98SN0176, 01SN0110 & operational adjustments for, the quarry, asphalt and concrete 01SN0275 plants, and stockpile area occurred between 1976 and 2001. Rezoning to General Industrial (I-2) with conditional use on 264.6 acres to permit mining and quarry operations and conditional use planned development on 50 acres of this tract to permit an asphalt 09SN0214 plant, concrete plant and stone products manufacturing not Approved accessary to quarry operations. Approval of this request permitted (8/2009) expansion of operations west of the Dominion Virginia Power easement and consolidated regulation of the quarrying, stone processing, stockpiling, asphalt and concrete operations under one set of development requirements. Proposal A quarry, operated since 1972, occupies the 264.6 acre property. Expansion of the quarry pit is proposed. This expansion will include the 8.7 acre area noted on the 2009 Master Plan as Exhibit A - Attachment 4). With this proposed expansion, the asphalt and concrete plants must be relocated. Conditions of the 2009 zoning approval permit changes to the location(s) of these plants during the life of the quarry, subject to use of no more than thirty (30) percent of a fifty (50) acre portion of the overall tract (Attachment 3: Case 09SN0214-Textual Statement Item 3). The applicants propose to relocate the asphalt plant to the southwest portion of the property, as generally shown on Attachment 2. According to the applicants, the concrete batch plant will be relocated off-site. Currently, the asphalt plant uses Warbro Road as access to and from the quarry property. With relocation of the plant, access is proposed from Memphis Boulevard to provide a more direct route to Hull Street Road and Route 288. Conditions of Case 09SN0214 limit use of Memphis Boulevard to office buildings (maximum of 30,000 square feet), associated buildings, and access to ponds, the power easement and overburden storage areas (Attachment 3 Proffered Condition 7.B.). As such, an amendment to Case 09SN0214 is requested to permit use of Memphis Boulevard for the asphalt plant access. Conditions of Case 09SN0214 will continue to provide for a 100-foot buffer along the western and southern property boundaries as depicted in Exhibit A (Attachment 4). 18SN0544-2017NOV15-BOS-RPT 4 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. Proffered Condition 7.B of Case 09SN0214 limits access from the property to Memphis Boulevard primarily for 30,000 square feet office. The applicant is requesting an amendment to that proffer to allow access to Memphis Boulevard primarily for an asphalt plant and associated office buildings. Memphis Boulevard intersects Hull Street Road (Route 360) at a traffic signal. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov VDOT has no issue with this request. FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Swift Creek Fire Station, Company Number 16 EMS Facility The Swift Creek Fire Station, Company Number 16 Additional Fire and EMS Comments When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. 18SN0544-2017NOV15-BOS-RPT 5 UTILITIES Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water No 18 Yes Wastewater No 12 Yes Additional Information: This property is located within the mandatory water and wastewater connection area for non- residential development. Connection to the public water and wastewater systems will be required by county code. There is an subject property. All water and wastewater design and construction must comply with the current The applicant has committed to utilizing the public water and wastewater systems (Proffered Condition 2). The Utilities Department supports this case. 18SN0544-2017NOV15-BOS-RPT 6 18SN0544-2017NOV15-BOS-RPT 7 ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Geography The subject properties generally drain from northeast to southwest. A perennial stream flows from the north to the south, bisecting the existing quarry operation and the production operation. The stream continues to the south and connects to Nuttree Branch. The entire property is located within the Lower Swift Creek Watershed. Natural Resources A Resource Protection Area Designation (RPAD) must be submitted to and approved by the Department of Environmental Engineering-Water Quality Section for the parcel located at 3700 Memphis Boulevard prior to site plan approval for the future asphalt plant location. Wetlands shall not be impacted without approval from the U.S. Army Corps of Engineers and/or the Virginia Department of Environmental Quality. FEMA 100-year floodplain exist along Nuttree Branch and should be avoided. Any filling within the FEMA floodplain must be approved by FEMA prior to any site plan approval by the County. Stormwater Management Any new development or redevelopment of the subject properties will be subject to the Part IIB technical criteria of the VSMP Regulations for water quality and quantity. 18SN0544-2017NOV15-BOS-RPT 8 CASE HISTORY Applicant Submittals 8/7/2017 Application submitted 10/2/2017 Application amended 10/2/2017 Proffered conditions submitted Community Meeting 9/25/2017 Issues Discussed: Operational aspects of asphalt plant No additional production/traffic/equipment o Hours generally 7 a.m. to 7 p.m. with some evenings o Minimal noise elevation of proposed site lower than current o site; setbacks and buffers from 2009 zoning maintained Height of facility approximately 80 feet; minimal visual o impact from Route 288 Contained operation o Access Memphis Boulevard provides more direct and safer access to o Route 288 Discussion regarding access easement from Memphis o Boulevard to adjacent western parcel Planning Commission 10/17/17 Citizen Comments: No citizens spoke to this request. Recommendation APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Freye Second: Wallin AYES: Sloan, Jackson, Freye, Jones and Wallin The Board of Supervisors on Wednesday, November 15, 2017, beginning at 6:00 p.m., will consider this request. 18SN0544-2017NOV15-BOS-RPT 9 ATTACHMENT 1 PROFFERED CONDITIONS Note: Both the Planning Commission and Staff recommend acceptance of the following proffered conditions, as offered by the applicant. STATEMENT OF PROFFERS Martin Marietta Midlothian Quarry July 28, 2017 Revised October 2, 2017 -2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax IDs 734-683-9441, 735-681-5954, 735-684-6406, 735-684-7967, 735- 685-5303, 736-683-3056, 736-685-1540, 736-685-2144, 737-682-9762, and 737-683-2003 if, and only if, the rezoning request for I-2 with a conditional use permit (CUP) and a conditional use planned development (CUPD) is granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. Amend Proffer 7.B. from case 09SN0214 to read: 1.Access. Access from the Property to Memphis Boulevard shall be limited to vehicular access for the asphalt plant and any associated office building, plus maintenance uses and occasional access to the Freshwater and Settling Ponds, the Virginia Power Easement, and the Overburden Storage areas as identified on Exhibit A. (T) The Developer hereby offers the following Proffer to read: 2. Public Utilities. Public water and public wastewater shall be used for any new office building constructed with access from Memphis Boulevard. (U) 18SN0544-2017NOV15-BOS-RPT 10 ATTACHMENT 2 FUTURE ASPHALT PLANT LOCATION Future Asphalt Plant Location 18SN0544-2017NOV15-BOS-RPT 11 ATTACHMENT 3 APPROVED CONDITIONS CASE 09SN0214 Exhibit A The plan titled "Zoning Master Plan, Martin Marietta Materials, Inc. Midlothian Quarry, Chesterfield County, Virginia," prepared by Martin Marietta Materials, dated April 30, 2009, and last revised June 25, 2009. 1. Master Plan. The Textual Statement dated July 8, 2009, shall be considered the Master Plan. (P) . Uses. Uses permitted on the Property shall be: 2 A. Any uses permitted in the Light Industrial (I- 1) District. B. Mining and quarry operations, including the processing of raw materials located on the Property and overburden storage. C. Concrete manufacturing. D. Stone products manufacturing, as accessory use to the quarry operations. Asphalt manufacturing. E. Storage yards. F. G. Any accessory uses associated with any of the uses listed above, including equipment aintenance areas and shops. (P ) 18SN0544-2017NOV15-BOS-RPT 12 3. Fence. A fence affording adequate security with appropriate access gates shall be installed, relocated, or added to the perimeter or that portion of the perimeter of the Property where such activity requires fencing in accordance with the Virginia Division of Mineral Mining permit. Prior to the start of operation of that specific use or activity the fencing shall be installed. The fence may be extended or relocated based on the expansion or changes of the operations on the Property. This does not include areas where there is existing fence such as along Route 288. (P ) Location and Standards for Certain Uses. 4. Primary crushing facilities and other power driven A. or power producing equipment for quarry operations only shall be located a minimum of 600 feet from the Property lines adjacent to Warbro Road, Route 288, and the Chesterfield Crossing Shopping Center and as shown on Exhibit A. This restriction shall not apply to the concrete manufacturing or asphalt manufacturing. Except on the southern portions of the Property where the existing B. historical quarry limits are outside the 200-foot excavation limits and shown on Exhibit A, all other portions of the Property shall maintain the 200-foot Excavation Limit. C. Any concrete manufacturing (batch) plant shall comply with all County, State, and Federal ordinances, statues, and regulations governing the operation. At a minimum, the plant shall comply with the following: The mixing of concrete shall only occur within concrete i. trucks. No mixing, other than mixing of sand, stone, and other dry ii. ingredients, shall occur outside of concrete trucks. Discharge areas, where dry ingredients are loaded into concrete trucks, as well as ingredient storage silos, shall be segregated from the rest of the plant by containment facilities designed to retain spilled ingredients and prevent surface and ground water contamination from these materials. Areas where trucks mix the concrete, and where trucks are iii. washed of ingredient residue, shall be segregated from the rest of the plant by containment facilities designed to retain spilled ingredients and wash water and prevent surface and ground water contamination from these materials. Water from washing operations shall be collected in a bas in and recycled for use in the concrete mixing operation. Residue Providing a FIRST CHOICE community through excellence in public service that settles out of the wash water shall be periodically removed from the containment facility and disposed of in an approved landfill. The wash water containment bas in shall be designed to prevent surface and ground water contamination from wash water and shall be sized such that it shall retain the maximum rainfall occurring on the property within twenty- four (24) hours over a twenty-five (25) year period, as determined by National Weather Service records for the area. (P ) 5.Equipment. All equipment requiring backup warning devices shall be equipped with a directional backup alarm in accordance with Mine Safety and Health Administration (MSHA) and or Occupational Safety and Health Administration (OSHA ), whichever applies . (P ) 6.Buffers and Overburden Storage. A. A seventy-five (75) foot buffer shall be maintained along the southern boundary of the quarry site, as depicted on Exhibit A. With the except ion of the existing or future sewer and drainage easement(s), this buffer shall comply with the requirements of the Zoning Ordinance, Sections 19-520 through 19-522 for fifty (50) foot buffers. B. Tax Identification Number 737-682-9762 shall be maintained as a buffer, except that new drainage structures and pond relating to the relocation of a creek shall be permitted. C. A one hundred (100) foot buffer shall be maintained along the western Property boundary adjacent to Route 288, along the western Property boundary adjacent to Tax Identification Numbers 734-681-9319 and 734- 680-9682, and along the southern boundary of Tax Identification Numbers 735-681-5954 and 734-683-9441, as depicted on Exhibit A. Except for installation of necessary sediment and erosion control measures or selective clearing of underbrush or removal of dead or diseased trees this buffer shall remain in its natural state. A one-hundred-and-fifty (150) foot buffer along Warbro Road D. (except for the area occupied by the existing office building and parking lot) and generally south of the access into the Property shall be maintained along the eastern boundary of the Property, as depicted on Exhibit A. With the exception of the existing pond or any existing or new sewer, drainage, or other easement(s), this buffer shall comply with the requirements of the Zoning Ordinance, Sections 19-520 through 19-522 for fifty (50) foot buffers. Temporary encroachment into the buffer shall be permitted for the construct ion of the underground drainage relocation but will be restored following 1418SN0544-2017OCT17-CPC-RPT construct ion of the utility line and stream relocation. Sufficient topsoil for reclamation use shall be stockpiled. All berms and E. overburden storage may be used for reclamation. All slopes of the topsoil and/or overburden storage shall be seeded and planted when each terrace reaches its design limit. The storage, planting, and seeding shall be performed in accordance with the Virginia Division of Mineral Minin9 perm it. (P) 7. Access. A. Direct vehicular access from the Property to Warbro Road shall be limited to the two existing accesses that serve the existing office building and separate parking lot, as generally shown on Exhibit A. Modification to the location of and to the uses that serve these accesses shall be approved by the Chesterfield County Transportation Department. Note: This Proffered Condition shall not preclude vehicular access from the Property to Warbro Road via the existing right-of-way ("Access Road"), generally located towards the northern part of the Property and as shown on Exhibit A. B. Access from the Property to Memphis Boulevard shall be 1imited to vehicular access for a cumulative total of 30, 000 square feet of office building(s), other associated building(s) including maintenance uses, and for occasional access to the Freshwater and Settling Ponds, the Virginia Power Easement, and the Overburden Storage areas as identified on Exhibit A. (T) 8. Debris. The right-of-way of Warbro Road generally from its intersection with the Access Road and for a distance of about 1000 feet south of the Access Road shall be monitored by the Owners on a daily basis to prevent the accumulation of debris from trucks entering or leaving the Property. A plan for the identification, monitoring, and regular removal of debris shall be submitted to the Planning Department for review and approval upon request. The plan shall be implemented upon approval by the Planning Department. (P) 1518SN0544-2017OCT17-CPC-RPT Textual Statement Martin Marietta Midlothian Quarry May 8, 2009 Revised July 8, 2009 Exhibit A - The plan titled Zoning Master Plan, Martin Marietta Materials, Inc. Midlothian Quarry, Chesterfield County, Virginia, dated April 30, 2009, last revised June 25, 2009, prepared by Martin Marietta Materials. 1. Rezone. Rezone 264.6 acres from I-1 (CUPD), A (CU & CUPD), A, and I-1 (CU & CUPD) to I-2 with a conditional use permit for quarry uses and a conditional use planned development (CUPD) on fifty (50) acres of the property to allow various use exceptions relating to and accessory to the quarry. 2. Excavation Setback. Exception from Zoning Ordinance Section 19-195(b)(2) regarding excavation setbacks, as shown on Exhibit A. The historical excavation limits along the southern boundary encroach into the 200? excavation limit. This encroachment shall remain with no further expansion of the excavation. The existing 75-foot buffer shall also remain. 3. Use Exceptions. A. Up to thirty percent (30%) of fifty (50) acres of the Property may be used for the following use exceptions: i.Asphalt plant. ii.Concrete plant. iii.iii. Stone products manufacturing that are not part of the accessory quarry operations. The exact location(s) of these use exceptions may change from time to C. time during the life of the quarry; however, the uses shall continue to meet the limits listed above. 1618SN0544-2017OCT17-CPC-RPT ATTACHMENT 4 APPROVED PLAN CASE 09SN0214 Existing Asphalt Plant Location 1718SN0544-2017OCT17-CPC-RPT