STAFF S REQUEST ANALYSIS AND RECOMMENDATION 14SN0559 (AMENDED) Carrie E. Coyner, Trustee

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1 S G: Darla Orr BS ime emaining: 169 days SFF S QUS LYSIS D ODIO 14S0559 (DD) arrie. oyner, rustee arch 18, 2014 P pril 15, 2014 P June 17, 2014 P September 16, 2014 P October 22, 2014 BS February 11, 2015 BS ugust 26, 2015 BS Bermuda agisterial District ortheast corner of shton Park Drive and uffin ill oad 1600 shton Park Drive QUS: (DD) onditional use to permit mining operations plus conditional use planned development to permit an exception to bonding requirements on a acre tract in a General Industrial (I-2) District. POPOSD LD US: mining operation is planned. he land area where excavation will be permitted to extract/remove minerals is limited to fifty (50) acres. (Proffered ondition 13 and xhibit ) IG OISSIO ODIO OD PPOL D P OF H POFFD ODIIOS O PGS 2 D 3. ecommend approval for the following reasons: SFF ODIO. he proposed land use complies with the omprehensive Plan, which suggests the property is appropriate for moderate to intense industrial use. B. he 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 FIS HOI community through excellence in public service

2 (O: ODIIOS Y B IPOSD O H POPY OW(S) Y POFF ODIIOS. ODIIOS OD SFF/P W GD UPO BY BOH SFF D H OISSIO.) POFFD ODIIOS he pplicant in this case, pursuant to Section of the ode of irginia (1950 as amended) and the Zoning Ordinance of hesterfield ounty, for themselves and their successors or assigns, proffer that the properties known as hesterfield ounty ax Identification umber and ( 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 pplicant. In the event this request is denied or approved with conditions not agreed to by the owner and pplicant, the proffer shall immediately be null and void and of no further force or effect. (SFF/P) 1. ransportation of Product. here shall be no transporting or delivery of any product excavated from this site to any property in hesterfield ounty unless a land disturbance permit has been issued for such property. his 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. () (SFF/P) 2. esource Protection rea. Prior to issuance of site plan approval, the developer shall obtain approval from the nvironmental ngineering Department of a esource Protection rea Determination (PD) and shall permit the ounty to inspect the property to confirm that the P has been properly cordoned off to avoid disturbance of the P by the mining activities, as determined by the nvironmental ngineering Department. () (SFF/P) 3. ounty ccess. he ounty shall have the authority to enter the property to monitor on-site activities as permitted by the property owner and as allowed by law. () (SFF/P) 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 ines and inerals for the mining operations. () (SFF/P) 5. raffic ontrol Signage. Prior to commencing any mining operations, the developer shall install signage to prohibit truck traffic on northbound uffin ill oad. he exact location, quantity and design of the signage shall be approved by the ransportation Department and irginia Department of ransportation, if applicable. he developer shall maintain the signage until all mining operations on the property have ceased. () 2 14S UG26-BOS-P

3 (SFF/P) 6. Hours of Operation. he hours of operation shall be limited to onday through Friday from 7 a.m. to 6 p.m., and Saturdays from 8 a.m. to 5 p.m. o Sunday operation shall be permitted. (P) (SFF/P) 7. extual Statement. he textual statement dated arch 18, 2014 shall be considered the master document for the requested exception to Ordinance requirements. (P) (SFF/P) 8. Protection of Waterways and Wetlands. Prior to the issuance of site plan approval, the developer shall provide a copy of the rmy orps of ngineers and Department of nvironmental Quality documentation necessary for the release of their respective permits. here shall be no mining in any areas identified as Wetlands. () (SFF/P) 9. Land Disturbance. o land disturbing activities pertaining to this conditional use shall be performed on the property unless and until the Department of ines and inerals permit has been issued on the property. () (SFF/P) 10. Blasting estriction. he use of explosives shall not be permitted in any blasting/mining operations to excavate, break down or remove product from the property. () (SFF/P) 11. ime Limit. his onditional Use shall be granted for a period of ten (10) years from the date the site plan is approved by the ounty. (P) (SFF/P) 12. Use Limitation. his conditional use shall be granted to and for operation by Goodrich iver rust or by George P. merson Jr. or any business entity for which he is a controlling member. his conditional use shall not be transferrable or run with the land. (P) (SFF/P) 13. aximum rea. ining shall be permitted on a maximum of fifty (50) acres within the limits of the area identified as ining rea on xhibit, prepared by Highmark ngineering and dated July 11, 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) Location: GL IFOIO he request property is located in the northeast corner of shton Park Drive and uffin ill oad. ax ID Part of 2566 and S UG26-BOS-P

4 xisting Zoning: Size: I acres xisting Land Use: Industrial or vacant djacent Zoning and Land Use: orth and I-2; Single-family residential or vacant South I-2; Industrial or vacant ast and I-2; acant and ppomattox iver West, -15 and I-2; Single-family residential, industrial or vacant UILIIS his request will have a minimal impact on public utilities. IOL he irginia rosion and Sediment ontrol Law, which in hesterfield 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 ode identifies the responsibilities of the Department of ines, inerals and nergy (D) in permitting and monitoring surface mining operations. With the initial submittal of this request, the Department of nvironmental ngineering held a meeting with personnel from D and the applicant to discuss the nature of this project. Upon the presentation by the applicant of the proposed mining activities, the representative of D concluded that they would take regulatory authority over this project in accordance with State law. herefore, the erosion and sediment control portion of the site plan review and approval process, normally conducted by the nvironmental ngineering Department, will instead be conducted at the State level by the D. s confirmed by the D representative, their regulations are comparable, if not more restrictive than locally enforced erosion and sediment control regulations. he nvironmental ngineering Department is confident of a competent and rigorous plan review conducted by the D. In addition to the enforcement of State regulations, D provides a ineral ining Operators anual, which can be found at: S UG26-BOS-P

5 he Land Disturbance Permit that will be issued by the ounty for the project will signify the site plan approval and approvals required by all other ounty departments are complete. he project will then be tracked by the nvironmental ngineering 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. he D inspector has indicated an ability to be available to respond to issues brought to his attention by ounty inspection staff and to answer questions from the general public. he D inspector s contact information can be obtained from the nvironmental ngineering Department. he D recognizes the role of rmy orps of ngineers and irginia Department of nvironmental 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 D permit. o 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 ondition 9 require copies of permits from these agencies to be submitted to the ounty prior to site plan approval and the issuance of a ounty land disturbance permit (Proffered onditions 8). If the applicant were to begin site activities prior to the application for the permit by D, the D 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. here 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 ondition 9 prohibits any land disturbing activities before the D permit has been issued. Fire Service: PUBLI FILIIS he Dutch Gap Fire Station, ompany umber 14, and Bensley-Bermuda olunteer escue Squad currently provide fire protection and emergency medical service (S). his request will have a minimal impact on Fire and S. Parks and ecreation: he 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. he Plan also identifies the need for urban parks within mixed use developments to compliment and provide linkages to the ounty s park system. he 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. he Plan also addresses the need to expand existing park sites to meet level of service standards. he Plan also identifies the need to improve access to blueways through the acquisition of easements and properties. o-location with schools and other compatible public facilities is desired. 5 14S UG26-BOS-P

6 Specifically, the Plan identifies the need for a Linear Park and rail System along the ppomattox iver from Hull Street oad to. Garland Dodd Park. his case is located on the ppomattox iver directly below Dodd Park. he Plan illustrates a wide corridor in which the facility can be located. he 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. trail easement is in place for the adjacent property [oslyn Farms] to the south of this case. he department has had discussions with the applicant to incorporate the Linear Park and rail recommendations on their property. he 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. heir preliminary plans for the mixed use indicate a trail system associated with this development and satisfaction of the ounty s needs could best be accomplished in tandem with this future development plan. he proposed use in itself does not generate impacts to the park system, but does potentially impact implementation of the omprehensive and Public Facility Plans recommendations for the Linear Park and rail System along the ppomattox iver. P 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. he Parks and ecreation dvisory ommission has requested that the future trail opportunity be protected. he applicant is requested to incorporate Linear Park and rail orridor planning into the site plan at the appropriate time to allow for development of these facilities as recommended by the omprehensive Plan and Public Facilities Plan. ounty Department of ransportation: urrently, the property is zoned General Industrial (I-2). Based on general light industrial trip rates, development could generate approximately 16,500 average daily trips. he applicant is requesting to permit mining operations on the property. rip generation rates are not available for this use. hese vehicles will be initially distributed onto southbound uffin ill oad, which had a 2012 traffic count of 5,600. In 2009, the irginia Department of ransportation placed a o hrough ruck raffic estriction on uffin ill oad from shton Park Drive to amblewood oad. Over the last year, DO has installed additional signage and warning signals to discourage the use of uffin ill oad for through truck traffic. o assist in notifying truck drivers exiting the property of the truck restriction, the applicant has proffered to install additional signage. (Proffered ondition 5) irginia Department of ransportation (DO): ccess to State maintained roadways requires the issuance of a land use permit. Permit issuance is further contingent on DO site plan approval identifying the access location, proposed sign location and right-of-way improvements in accordance with Department 6 14S UG26-BOS-P

7 commercial entrance standards (Proffered ondition 5). he access location proposal will be evaluated by DO through the ounty site plan review process. DO recommends adding a sign on westbound shton Park Drive alerting trucks to the weight restriction on uffin ill oad as well. It may be appropriate for the applicant to increase the size and conspicuity of the existing truck restriction signage along westbound shton Park Drive. conomic Development: he 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 conomic Development promotes to industrial users. omprehensive Plan: LD US he omprehensive 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. rea Development rends: Properties to the north and east of the request property are zoned gricultural () 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 gricultural (), General Industrial (I-2) and esidential (-15) and are occupied by single-family residential and industrial use or are vacant. Zoning History: Use: On ovember 25, 1987 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved rezoning of an approximately 1,036 acre tract (of which the request property is a part) from gricultural () to General Industrial (-2) with conditional use planned development to permit exceptions to ordinance requirements (ase 87S0174). onditions of approval were similar to those that had been approved for other industrial uses along uffin ill oad and were designed to ensure land use compatibility, transition and quality development. onditions addressed uses, building materials, screening, roads, signs, setbacks and buffers. ining operations to remove natural earth resources from the property and its subsoil would be permitted for ten (10) years on the acre tract. he area where the actual mining (breaking or disturbing of the surface soil or rock to facilitate removal of materials) would 7 14S UG26-BOS-P

8 be limited to a maximum of fifty (50) acres of the tract in the area identified as ining rea on xhibit (Proffered onditions 11 and 13). In addition, Proffered ondition 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 rust or George merson or any business entity for which he is a controlling member. Development Standards: he Zoning Ordinance contains specific standards for mining operations that must be met. hese standards are in addition to the approval of the State Department of ines and inerals (D). he 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 oadways to be designed to ensure safety, lessen congestion and eliminate any nuisance from dust to neighboring properties quipment 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) 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 he 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 merging Growth District rea. he purpose of the merging Growth District Standards is to promote high quality, welldesigned 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 14S UG26-BOS-P

9 Bonding: he ordinance requires bonding with approved surety in an amount to guarantee the restoration work and performance of other requirements. he 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 ounty for the same work. (Proffered ondition 7 and extual Statement) Hours of Operation: o address concerns of area citizens, Proffered ondition 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 estriction: o address concerns of area citizens, Proffered ondition 10 prohibits the use of explosives in any blasting/mining operations to excavate, break down or remove product from the property. OLUSIO he proposed land use is compatible with the omprehensive 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. S HISOY pplicant (3/14 and 3/18/14): he application was amended, a new extual Statement was submitted, and revisions to the proffered condition and extual Statement were submitted. Planning ommission eeting (3/18/14): On their own motion and with the applicant s consent, the ommission deferred this case to their pril 15, 2014 public hearing. 9 14S UG26-BOS-P

10 Staff (3/19/14): he applicant was advised in writing that any significant, new or revised information should be submitted no later than arch 24, 2014 for consideration at the ommission s pril 15, 2014 public hearing. pplicant (3/31/14): o date, no new information has been received. Planning ommission eeting (4/15/14): On their own motion and with the applicant s consent, the ommission deferred this case to their June 17, 2014 public hearing. Staff (4/16/14): he applicant was advised in writing that any significant, new or revised information should be submitted no later than pril 21, 2014 for consideration at the ommission s June 17, 2014 public hearing. pplicant (5/8 & 5/15/14): evised proffered conditions were submitted. pplicant (6/12/14): n additional proffered condition was received. Planning ommission eeting (6/17/14): On their own motion and with the applicant s consent, the ommission deferred this case to their September 16, 2014 public hearing. Staff (6/18/14): he 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 ommission s September 16, 2014 public hearing S UG26-BOS-P

11 pplicant, Bermuda District Board and ommission embers, rea Property Owners, irginia Department of ines and inerals (D) Staff ember and ounty Staff (July 14, 2014): neighborhood meeting was held. he applicant explained the developer s plans to mine an area that would eventually serve as a marina for a mixed use development. rea 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. pplicant (7/24, 7/28 and 9/4/14): he application was amended and revised proffered conditions and an exhibit were submitted. pplicant (9/12/14): Proffered ondition 3 was amended. Planning ommission eeting (9/16/14): he applicant accepted the recommendation. here was opposition present expressing concerns relative to encroachment into esource Protection reas, lack of trails along the ppomattox iver; absence of detailed operational plans; and need for county to request D to conduct a public hearing in permitting this use. r. Patton noted that two community meetings were held to clarify misinformation on the proposal; industrial uses are consistent with the Plan; traffic on uffin ill is an existing issue; and, the site plan review process would address issues raised regarding P protection and operational plans. In response to questions of r. Waller, the Director of nvironmental ngineering confirmed that stormwater criteria of D 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. D representative offered a brief overview of requirements for any dewatering plans and permitting water discharge. r. Waller expressed concern relative to the neutral position taken by the county on trails acquisition with this request. Dr. Wallin and r. Gulley indicated an increased comfort level with the case relative to the permitting process and associated environmental protections S UG26-BOS-P

12 On motion of r. Patton, seconded by Dr. Brown, the ommission recommended approval and acceptance of the proffered conditions on pages 2 and 3. YS: essrs. Wallin, Patton, Brown, Gulley and Waller. Board of Supervisors (10/22/14): t the request of the applicant, the Board deferred this case to their regularly scheduled meeting in February Staff (10/23/14): he 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): he deferral fee was paid. Board of Supervisors (2/11/15): On their own motion, the Board deferred this case to their ugust 26, 2015, public hearing. Staff (2/12/15): he 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 ugust 26, 2015, public hearing. Staff (8/5/15): o date, no new or revised information has been received. he Board of Supervisors on Wednesday, ugust 26, 2015 beginning at 6:30 p.m. will consider this request S UG26-BOS-P

13 14S0559 XUL S arrie. oyner rustee arch 18, 2014 e: Zoning pplication for arrie. oyner rustee to request a onditional Use Planned Development to request exceptions to ordinance standards relative to use restrictions on hesterfield ounty ax Identification umber as set forth hereinbelow. 1. he 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 ines and inerals (D) 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 D. Surety for any restoration measures not covered by bonding to D shall be provided to the county prior to site plan approval.

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