Request Modification of Conditions (Modification of conditions of existing Conditional Use Permit approved on March 22, 2011 to expand a borrow pit)

Transcription

1 Applicant/Property Owner Public Hearing March 9, 2016 City Council Election District Beach Agenda Item 4 Request Modification of Conditions (Modification of conditions of existing Conditional Use Permit approved on March 22, 2011 to expand a borrow pit) Staff Planner Carolyn A.K. Smith Location 2297 Harpers Road GPIN Election District Beach Site Size acres AICUZ Greater than 75 db DNL Existing Land Use Borrow pit, woods Surrounding Land Uses and Zoning Districts North Harpers Road Oceana Naval Air Station Single-family dwellings, VBCPS school bus depot, cultivated fields / B-2 Community Business, I-2 Heavy Industrial, AG-1 Agricultural South Dam Neck Road Cultivated fields, undeveloped property / AG-1 Agricultural East Undeveloped property / AG-1 Agricultural West Harpers Road Oceana Naval Air Station Undeveloped property / AG-1 Agricultural Page 1

2 Background and Summary of Proposal The property was granted a Conditional Use Permit by the Virginia Beach City Council on March 22, 2011 to allow development of the site for a 25-acre borrow pit. The applicant is seeking a Modification to the Conditional Use Permit in order to expand the pond by 40 acres and excavate the remaining sand on the 328-acre property. The 40-acre expansion will connect to the existing 25-acre borrow pit, portions of which are currently being filled. It is anticipated that approximately 1,613,000 cubic yards of material will ultimately be excavated from the expansion area. The excavation of the material is estimated to take eight years; however, the ultimate time frame will depend on the demand. The 2011 request indicated that excavation of the borrow pit would be completed by The operator has mined much quicker than anticipated. The site borders both Harpers and Dam Neck Roads and is zoned agricultural. A Navy Restrictive Easement covers the northern portion of the property. The property is surrounded predominately by cultivated fields and forested land; however, there are several single-family dwellings on property to the north. The edge of the area to be excavated is depicted on the submitted concept plan as 150 feet from the nearest property line, exceeding the minimum standard of 100 feet as required by the Zoning Ordinance. The heavily wooded, 150-foot wide buffer between the pit and these properties will remain. The right-in/right-out ingress/egress point along Dam Neck Road will continue to be used and access to the expansion will be via an extension of the existing private driveway. The existing landscape berm will remain and an overburden storage area is planned to the south east of the proposed borrow pit. 1 Zoning History # Request 1 CUP (Borrow Pit) Approved 03/22/11 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2

3 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area Special Economic Growth Area 3 (SEGA 3) South Oceana. South Oceana is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Business Park. The Plan recommends that all land uses in this area align with the City s AICUZ provisions and the Oceana Land Use Conformity program. (p. 3-32) Natural and Cultural Resources Impacts This property is within the Southern Rivers watershed. The large, 328-acre parcel contains cultivated fields, wooded areas as well as a 25-acre borrow pit near the end of its life cycle. The proposed borrow pit expansion will require the removal of much of the woods. A buffer of trees along Dam Neck Road will remain. It does not appear that any cultural resources are present on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 20,103 ADT 1 32,500 ADT 1 (LOS 4 C ) 37,100 ADT^1 (LOS E ) Existing Land Use ADT Harpers Road 7,917 ADT 1 6,200 ADT 1 (LOS 4 C ) Proposed Land Use ADT 11,100 ADT 1 (LOS 4 E ) 1 Average Daily Trips 2 as defined by 238 acres zoned AG-2 3 as defined by 150 trucks daily plus 3 employees on site (assumed) during operating hours 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site borders both Harpers Road and Dam Neck Road. The existing access off of Dam Neck Road will continue to be used. Dam Neck Road is a four-lane, divided, major suburban arterial, limited-access roadway with a 165-foot right-ofway width with both a sidewalk and a bike path. The City s MTP depicts Dam Neck Road to ultimately be a six-lane divided parkway in this area, but there are currently no CIP projects scheduled for this segment of the roadway. Harpers Road is a two-lane collector with a 25-foot right-of-way width (and approximately 18 to 25 feet of pavement). Harpers Road is shown on the MTP as an undivided, four-lane, major collector with a 100-foot right-of-way width. There are no current roadway CIP projects scheduled for this segment of Harpers Road. Public Utility /Ground Water Impacts Information on the dewatering operation such as location, volume to be discharged, and the rate of discharge will be required during the site plan review process. As with any dewatering operation, there is always a small potential for surrounding, shallow wells to be impacted; however, it does not appear that there are any shallow withdrawal wells within a 1,000 foot radius of the proposed excavation areas. According to the Health Department, the residential properties adjacent to this site do not have permitted wells; however, it does not appear that these homes are connected to City water service either. The applicant s engineer indicated that should any unpermitted wells exist or new shallow wells be installed along Harpers Road, the relatively shallow depth of dewatering (approximately 20 feet) is not deep enough for the effect to propagate offsite to a level that could impact well yield or water quality. In addition, the applicant s engineer stated that there are no significant groundwater withdrawal activities located within a 5,000- foot radius of the proposed excavation area, so it is likely that no other activities can be adversely impacted. A thorough review of the location of all wells in the vicinity will be performed prior to the issuance of any permits related to the Page 3

4 borrow pit expansion. The City Public Schools facility located at 1677 Harpers Road has a permit for a geothermal well(s). These closed-loop systems are not impacted by changes in the water table. Evaluation and Recommendation The Modification of Conditions request for a borrow pit expansion of 40 +/- acres of sand excavation is generally consistent with the Comprehensive Plan s land use policies for SEGA 3 - South Oceana, particularly with regard to adhering to reinforcing industrial and commercial uses that are compatible with the surrounding area. However, it should be noted that the SEGA 3 is viewed as a special area with significant economic value and growth potential. The property has significant development potential based on its size and location along the four-lane Dam Neck Road. The size and location of the excavation significantly diminishes the future development potential for the parcel. While Staff is aware that the location of a sand mining operation is dependent upon the location of sand below grade, in a perfect world, a coordinated future development plan of the property would depict the reclaimed borrow pit strategically located to serve as a future stormwater management facility, if and when the property is fully developed. As a result of Staff s request for a conceptual master plan of the property, the applicant s representative provided the following: the future use of the property will be within the constraints of the Navy purchased easements and the City of Virginia Beach zoning ordinance. The initial borrow pit will be backfilled with inert soils to the extent shown on the new application. The new borrow pit will ultimately be partially backfilled with inert soils and part may remain a lake to be used in a future unidentified development. A Navy Restrictive Easement was acquired on a portion of the property in The majority of the proposed 40-acre expansion is within this easement area. Navy Staff indicated that the proposed expansion, as well as the current borrow pit, increases the risk associated with aircraft bird strikes. Recommendations to reduce this risk of conflicts between aircraft and birds is reflected in the recommended condition 4 below. Correspondence from the Virginia Department of Mines, Minerals and Energy (DMME) revealed no violations or issues with the operation of the existing 25-acre borrow pit. The applicant has routinely submitted the required information in conformance with the State of Virginia DMME and VPDES permits. These permits, which will be amended to reflect the expansion, remain in effect for the life of the borrow pit. There was significant discussion with the Traffic Engineering Staff in 2011 regarding traffic safety concerns on Dam Neck Road. Specifically, there was fear that slow moving dump trucks entering Dam Neck Road would not be able to accelerate as quickly as passenger vehicles, resulting in either travel delays or crashes. While this condition will still exist, there have been no reported issues at the site s entrance on Dam Neck Road. The right-in/right-out that exists at the ingress/egress point on Dam Neck Road has likely reduced the potential for accidents. Staff believes that the pit has been operating without incidence and in accordance with the Virginia Department of Mines, Minerals and Energy s regulations. It appears that the expansion will have minimal impact on groundwater supply and drainage in the area, will not adversely impact traffic safety, will operate in a dust and nuisance-free manner and will not pose any health or safety hazards. Based on these findings and the discussion above, Staff recommends approval of the Modification to the Conditional Use Permit for the borrow pit expansion, subject to the conditions below. Page 4

5 Recommended Conditions 1. A written description or plan to address the following shall be submitted prior to issuance of an excavation permit for the 40-acre borrow pit expansion: all proposed improvements to mitigate traffic impacts; the effects of the proposal on City streets; and, the reduction in noise, dust, and other potential nuisance upon surrounding properties. 2. Prior to the commencement of land disturbance activities on the property related to the proposed 40-acre borrow pit expansion, the applicant shall obtain an Easement Compliance Review from NAS Oceana with a determination that sand extraction is permitted under the restrictive use easement. Said determination shall be submitted to the Planning Department prior to the issuance of an excavation permit for the expansion. 3. In accordance with the Navy Restrictive Easement, no explosives shall be detonated on the site. 4. The ultimate design of the 40-acre borrow pit expansion shall, at a minimum, follow the guidance provided by the Department of the Naval in FAA Circular 150/ B related to Detention Pond Creation, Vegetation, Banks, Width, Depth, Shape, Stocking, Soils, Water, and Additional Tools, in order to reduce the potential to attract hazardous wildlife on or near airports, and how to manage those situations. 5. The location of any wells within a 5,000 foot radius of the excavation areas shall be depicted on a survey or site plan and submitted to the Planning Department, Development Services Center (DSC). Information regarding the potential for impacts to these wells and remediation actions to be taken in the event of impacts to yield and quality, shall be included in this submission. Acceptance of the information and strategies to address surrounding wells yields and quality as a result of the 40-acre borrow pit expansion shall be approved by the DSC, the Department of Public Utilities and/or the City s groundwater consultant prior to the issuance of any permits related to the borrow pit expansion. 6. The 40-acre borrow pit expansion shall operate in a dust-free manner. 7. In the event that wetlands are impacted, all required permits for applicable agencies shall be obtained. A mitigation plan for any impacts to wetlands shall be included. 8. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within the area. 9. No encroachment into natural drainage channels shall be permitted unless otherwise authorized by the DSC. 10. An excavation permit is required and shall be obtained prior to any excavation activities associated with the 40- acre borrow pit expansion. 11. The approval of the Environmental Management Plan must be obtained from the DSC and the Department of Public Utilities with the following information prior to issuance of the excavation permit for the 40-acre borrow pit expansion: A water level monitoring program that uses fully penetrating, shallow monitoring wells, with a minimum number of wells determined by the Department of Public Utilities; A record of monthly manual water level measurements collected and cataloged as well as quarterly assessments of field water quality parameters; A Recharge Plan that limits or reduces the quantity of groundwater discharges from the site; and, A water balance to include inflow and discharge calculations. All information shall be submitted to the Virginia Department of Mines, Minerals, and Energy, and the Planning Page 5

6 Department as required. 12. Dewatering of the pit is permitted; however, a settlement basin shall be constructed to capture suspended sediment before any discharge is released. Information related to the dewatering operation such as location, volume to be discharged, and the rate of discharge is required shall be submitted to the DSC prior to the issuance of the excavation permit for the 40-acre borrow pit expansion. 13. The large dump trucks used to transport the mined sand shall be restricted from using portions of the rights-ofway as a haul route to and from the existing borrow pit as well as to the proposed 40-acre borrow pit expansion. The portion of the right-of-way restricted from said activities includes the section of Harpers Road located south of Dam Neck Road to the southern terminus of Harpers Road at London Bridge Road. In accordance with the Zoning Ordinance, a haul route shall be submitted in accordance with this restriction. 14. The hours of operation shall be limited to 7:00 a.m. and 7:00 p.m., Monday through Saturday. The pit shall not be in operation on Sundays. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 6

7 Existing Pit & Proposed Expansion Layout Page 7

8 Existing Borrow Pit Plan Page 8

9 Site Photos Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14