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HomeMy WebLinkAboutStaff Report (Boone County Kentucky) 05-26-99 ,. I (" (" " STAFF REPORT May 26, 1999 Request of Martin Marietta Materials. Inc. (applicant) for Mart Materials. Inc. (option pending). Bedrock Investment. LLC. Sawyer Place LLC. and Guttman Enterprise Limited Partnership (owners) to consider a Zoning Map Amendment from Agriculture (A-1), Agricultural Estate (A-2), and Commercial Services (C-3) to Industrial Four "Subsurface Mining District" (1-4) for an approximate 575 acre site located on the north side of 1-275 at the Petersburg (KY 8) interchange, and along both sides of Garrison ,Creek Road, Boone County, Kentucky. The request is for a zone change to allow the underground extraction, processing, and sale of processed materials and all related activities pertaining to subsurface mining operations. Request of Martin Marietta Materials. Inc. (applicant) for Martin Marietta Materials. Inc. (option pending). Bedrock Investment. LLC. Sawyer Place LLC. and Guttman Enterprise Limited Partnership (owners) to, consider a Zoning Map Amendment from Agriculture (A-1), Agricultural Estate (A-2), and Commercial Services (C.:.3) to Industrial Four .Subsurface Mining District"/Planned Development (1-4/PD) for an approximate 575 acre site located on the north side of 1-275 at the Petersburg (KY 8) interchange, and along both sides of Garrison Creek Road, Boone Cou'nty, Kentucky. The request is for a zone change to allow tbe underground extraction, processing, and sale of processed materials and all related activities pertaining to subsurface mining operations, and ,an outdoor recreational trail facility. Request of Martin Marietta Materials. Inc. (applicant) for Martin Marietta Materials. Inc. (option pending). Bedrock Investment. LLC. Sawyer Place LLC. and Guttman Enterprise Limited Partnership (owners) to consider a Zoning Map , Amendment from Agriculture (A-1), Agricultural Estate (A-2) , an,d Commercial Services (C-3) to Industrial Four "Subsurface Mining District" (1-4), and a Varia~ce from Section 1189 "Geographic Requirements," Subsection 2, for an approximate 575 acre site located on the north side of 1-275 at the Petersburg (KY 8) interchange, and along both sides of Garrison Creek Road, Boone County, Kentucky. The request is for a zone change to allow the underground extraction, processing, and sale of processed materials and all related activities pertaining to subsurface mining operations, and a variance from a 3,000 foot separation standard required between the proposed 1-4 zone and certain types of residential areas. I .. I~ ( ( STAFF REPORT - Martin Marietta Materials, Inc. May 26, 1999 Page 2 REQUEST As noted above, the applicant has submitted three different zone change applications from Agriculture (A-1), Agricultural Estate (A-2), and Commercial Services (C-3) to Industrial Four (1-4) for 575 acres that is located on the north side of 1-275 at the Petersburg interchange. The zone change area is located on both sides of Garrison Creek Road; the area on the north side of Garrison Creek Road extends westward from nearby the Bullitsburg Baptist Church to the area adjoining the tenninus of Garrison Creek Road. The .. site is predominately zoned A-1 and A-2, with a small area near the interchange that is zoned C-3. The first application is simply for a zone change to the 1-4 .zone. '" The second application is for a zone change to 1-4 in conjunction with a variance request from Section 1189 "Geographic Requirements," Subsection 2 to allow a reduction in the minimum 3,000 foot separation required between the 1-4 zone and certain types of residential uses (1,500' shown .for subsurface activities: approximately 1,800' separation shown to the existing Gaines House that is proposed to be reused as an on-site residence and field office,. approximately 2,100' separation shown to the "office and scale house," and 2,350' shown to the closest stockpile). The written variance application materials request this separation . to be reduced to 1,500 feet for subsurface activities and 1,000 feet. for surface activities. The third application is for a zone change to 1-4/PD. In addition to tl:te subsurface mining related uses, this application also includes a recreational loop trail and ancillary parking in the western part of the site on the north side of Garrison Creek Road.. A variance per se is not requested with this application, but the application does request a relaxation in the' 3,000 foot separation requirement discussed above as pennitted by the Planned Development overlay zone. The following basic components of the facility are unifonn in all three applications: . Construction of a paved driveway from the Petersburg interchange into the site. This driveway will essentially act as an extension of KY 8 from the interchange into the site. Garrison Creek Road will remain in place' (the new driveway will intersect with Garrison Creek Road). Garrison Creek Road between this new driveway and Garrison Creek itself and the portal area: is proposed to be upgraded to subcollector standards (28' pavement width). Landscape buffering and stonemasonry signage monuments are proposed along the new driveway. " ( C. STAFF REPORT - Martin Marietta Materials, Inc. May 26. 1999 Page 3 . Surface operations are proposed in the eastem part of the site, just north of the first curve in the Garrison Creek Road (where the road changes from basically a north/south road to an eastlwest road). These operations include office uses, scale house, sorting, crushing, stockpiling, water sedimentation basins, etc. Future asphalt and concrete production areas are planned in the surface operations area, however, such facilities are not part of the present applications (these uses are Conditional Uses in the 1-4 zone). A minimum 200 foot "no disturb" area setback is shown along the property lines that are immediately north and east of the surface operations area. Berming is proposed around the perimeter of the surface operations area. . A wheel wash facility is proposed to be. located on the main driveway approximately 580 feet north of Garrison Creek Road, and the driveway between the wheel wash facility and Garrison Creek Road is proposed to be paved, both for the 1-4/variance and the 1-4/PD applications. For the "straight" 1-4 application. the wheel wash facility is located outside of the required 3,000 foot separation and the main driveway is paved for the initial 625 feet that is immediately north of Garrison Creek Road. . Use of the existing Gaines House as an on-site residence and field office. . The subsurface portal area is proposed in the approximate midpoint of the site along the north side of Garrison Creek Road and along the east side of Garrison Creek itself. The portal area will include employee parking, several ancillary ~tructures.and an overland conveyor that would transport materials between the portal area and the surface. operations area in the eastern part of the site. . The portal area includes approximately 4 acres on the surface. . . A "potential" water storage lake/basin and several ventilation shafts are proposed in the western part of the site (i.e., west of Garrison Creek and the portal area): . No surface activities, except for the proposed driveway, are proposed in the southern part of the site (between 1-275 and Garrison Creek Road). . . The surface areas outside of the surface operations area, portal area, above ground conveyor, ventilation shafts, and potential water storage basin (and related pipe work) are proposed to be undisturbed. . . Primary crushing of materials is proposed to occur in the subsurface area of the. mine as soon as adequate space has been created. Secondary crushing is proposed to occur in the surface operations area. ( (' STAFF REPORT - Martin Marietta Materials, Inc. May 26, 1999 Page 4 The following basic components of the proposal vary depending on the specific application: . The surface operations areas are identical for the 1-4/variance and 1-4/PD applications (approximately 64 acres). The requested encroachment into the required 3,000 foot separation area by the surface operations area is discussed above. The surface operations area is smaller for the "straight" 1-4 application at approximately 32 acres (is proposed to observe the 3,000 foot requirement). . The subsurface operations for the straight 1-4 application is proposed to observe the 3,000 foot separation requirement discussed above.(contained completely on the north side of Garrison Creek Road) whereas this separation is proposed to be reduced to 1,500 feet for the other two applications (would include some area on . the south side of Garrison Creek Road). . The recreational loop trail is proposed only as part.of the 1-4/PD application in an effort to create a mixed-use development as sought .by Article 15 "Planned Development District" of the Boone County Zoning Regulations. Centralized water and sanitary disposal systems are not proposed. Water supply and sanitary disposal are discussed in the application materials. In addition, a traffic report, discussion of archaeological and historic resources, noise .and vibration studies, and an overview of the proposed operations are also provided in the application materials. The application materials include discussions on how the applicant contends that these applications fulfill the statutory criteria for the granting of zone changes and how the requested variance fulfills the statutory criteria for the granting of the same. SITE CHARACTERISTICS The site contains approximately 575 acres. The southern-most part of the site adjoins the Petersburg/KY 8 interchange, and the site is located along both sides of Garrison Creek Road where said road I'!Jns between the interchange and the Delph House (near the entrance to the Baptist Association church camp). The site is mostly wooded hillside area, but it does have pasture areas in the flatter portions of the southern part of the site near . the interchange and in the eastern part of the site. The site contains a cluster of structures (mostly agricultural structures), including the historic Gaines House. A farm pond is located near this cluster of structures. Several overhead utility lines exist on the site. Garrison Creek runs across the northern boundary of the eastern part of the site, and then curves and runs through the approximate center of the site in a north/south manner; a .' . " ( c STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 5 driveway/gravel road that is used to access the unrelated property to the north of the subject site r,uns along this part of the creek (gravel road runs through the subject property). The 1883 Atlas of Boone, Kenton and Campbell Counties shows "a road that connects to Garrison Creek Road just north of the Bullitsburg Baptist Church cemetery and runs along the eastern boundary of the site. Public water and sanitary sewer service are not currently in the vicinity. ADJOINING LAND USES AND ZONING A. The area to the north and east of the site is largely wooded hillsides that contain a few residences (A-1). A cellular communications monopole is located to the north adjacent to one of these residences. The Ohio River is located further to the north. The Williams Road/Merrell Road area is located further to the east and includes farms, wooded areas, residences, and a golf course (A-1, A-2, SR-1, and R). B. The area to the south of the eastern part of the site (east of the Petersburg interchange) includes the Bullitsburg Baptist Church and cemetery (C-3), a residence on Garrison Creek Road immediately north of the church (C-3), a couple residences along the old Bullitsburg Church Road (RSE)~ a cellular commun.ications monopole along the north side of 1-275 (PF), and wooded areas and- pasture areas to the east of these uses (A-1). C. A combination of pastures and residences (RSE, RS, and .c-3), the Answers in Genesis site including a cellular communications lattice tower (PF), and a concrete plant (1-2) are located further to the south across 1-275. D. Several residences are located to the west of the subject site along the north/south section of Garrison Creek Road near the Ohio River (A-1). The areas adjoining this section of Garrison Creek Road are largely wooded hillsides (A-1). E. The area along the east/west section of Garrison Creek Road (middle section immediately south of the western section of the subject site that is on the north side of the road, and immediately west of the southern section of the subject site that is on the south side of the road) contains a few single family residences (including the historic Delph House). pasture and wooded hillside areas (all are zoned A-1), and the Baptist Association church camp (R). Garrison Creek itself parallels the road in this area. . , ( ( STAFF REPORT - Martin Marietta Materials, Inc. May 26, 1999 Page 6 F. The area along the south side of L-275, west of the interchange, contains several farms, wooded areas, a number of single-family residences, and a bed and breakfast, notably along Stevens Road (combination of A-1, RSE, and C-3 near the interchange itself). HISTORY OF ISSUE AND SITE 1974 A zone change from Agricultural Three to Planned Development for a portion of the subject property (approximately 155 acres) was recommended for approval by the Planning Commission on January 9. This zone change later became moot as a result of the Creative Displays decision. 1980. The current A-1, A-2, and C-3 zoning for the site was adopted in 1980 as part of the Official Zoning Map and Zoning Regulations that were prepared by KZF, Inc. 1995 On March 15, a staff report on The Feasibility.of a Text Amendment to the Boone County Zoning Regulations was presented to the Boone County Planning. Commission to evaluate subsurface mining as a permitted use. This report was subsequently revised by the Planning Commission's Long Range Planning Commission. The amended report was presented to the Boone County Fiscal Court '. on May 9. 1996 Draft regulations to permit subsurface mining in Boone County where considered through the 1996 Zoning Update, but were not included in the Zoning Regulations that were recommended for approval by the Planning Commission and subsequently adopted by the legislative bodies. 1997 On October 29, the Planning Commission conducted a Public Hearing for a Zoning. Text Amendment which would add the -Industrial Four"(I-4) zone to the Boone County Zoning Regulations. This amendment would permit subsurface mining and related activities in Boone County. The Planning Commission recommended that the 1-4 amendments be adopted on December 17. 1998 The Fiscal Court adopted the 1-4 Zoning Text Amendments on February 10. RELATIONSHIP TO 1995 BOONE COUNTY COMPREHENSIVE PLAN The site is described on the Boone County 2020 Future Land Use Map as Rural Lands (RL), Developmentally Sensitive (OS) and Rural Density Residential (RD). As noted on page 207 of the Land Use Element, the Comprehensive Plan utilizes a 25 year planning horizon. As a result the Future Land Use Map indicates planned land uses for the year ( ( STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 7 2020. The Plan is a tool designed to enable Boone County and the Planning Commission to manage the location and timing of the various types of development to assure that adjoining land uses are compatible, and to assure that negative impacts to the. environment are minimized. The land Use Element addresses urban service areas, and recommends that some areas ofthe county remain rural or low density development until it is reasonable to extend urban seniices and there is enough development mass to efficiently make use of the services. The land Use Element also states on page 207 that urban services are not the only criteria, but that there are many other considerations to take into account to determine whether development is appropriate or not. . The Developmentally Sensitive (OS) classification is described on pages 207 and 208, and provides notification that there are slope or other stability considerations that must be addressed in proposed development. The Rural lands classification calls for very low density residential development in a mainly agricultural or open space area. Rural Density Residential could develop as one dwelling unit per acre as a general maximum density over the affected area. The Future land Use Development Guidelines section of this element. recommends utilizing existing topography and vegetation on development sites. This is particularly important where areas are designated as OS. The portal area and settling ponds of the mine development are shown in the OS area. The Element goes on to recommend retaining wooded stream valleys as greenbelts. The Environment Goals and Objectives and the Environment Element recommend that detailed inventory and analysis of resources within the OS area occur for each development. The applicant has not performed such an analysis, and staff is concerned that the proposed portal area and conveyor system directly impacts a OS area. According to U.S. Geological Survey Maps, parts of the site contain the Kope Formation, which consists of interbedded ~hale and limestone bedrock layers. Where exposed, these layers are prone to slippage and landslide conditions. . The portions of the site most affected by this situation are the lower portions of the Garrison Creek and tributary valley walls. With the topography present in this area, the Kope formation is exposed generally within approximately 600 to 700 feet as measured horizontally from Garrison Creek. This includes the proposed portal area and some of the proposed conveyor location. Staff is concerned that this formation may require extra attention and precautions, and there may be some areas that should not be developed at all based on site specific analysis. c ( STAFF REPORT - Martin Marietta Materials. Inc. May 26.1999 Page 8 The Element also recommends proper usage or treatment of historic resources such as the Gaines House and outbuildings near the access road. The applicant has indicated that the main structure would be used as a caretaker quarters and office. Section B-1. River Road Area. page 214 of the Comprehensive Plan discusses a possible connection between KY 8 along the Ohio River to the 1-275 interchange at Bullitsburg Church Road. A letter dated May 21. 1999 from George Hoffman of the Kentucky Transportation Cabinet regarding this issue is attached to this report. The Plan recommends that a connection between the Petersburg Interchange and the Graves Road/Williams Road area and a possible connection between Williams Road and KY 8 would be a better way to serve future development and minimize impacts on the Developmentally Sensitive hillsides and stream valleys than the above mentioned connection. This is reaffinned on page 215 in section B-2. This road is shown conceptually in Figure 3-6 in the 1996 Boone County Transportation Plan. It is shown as a special funding project for the years 2015 to 2020. Garrison Creek is recommended to "remain intact as. a greenbelt." Later, the Plan recommends that the stream valleys and ridge bluff lines remain in their current state for future recreation opportunities to serve ridge top residential development. Staff is concerned that the noise associated with the. proposed materials conveyors would not make the Cirea desirable for a natural areas path or similar passive recreation use.. In general, Sections B-1 and B-2 refer the area north of 1..275 near the proposed mine site. as future residential development land when infrastructure is present. There are several references to protection of the hillsides and good residential development design. The Traditions Golf Course is mentioned as a residential growth catalyst. The Idlewild interchange area is described as supporting gradual highway related commercial development with some future orientation toward tourism uses in Western Boone County. This is recommended to occur south of the interchange to directly serve traffic and to take advantage of visibility. The Interchange area appears as a recommended planning project in the Western Boone County Study. This is not an officially adopted document, nor does it propose lan~ use regulations. It does. however, suggest that this area, among others.. be considered for future detailed planning efforts. such as a corridor plan. The Economy Goal recommends a sustainable economy that reflects innovation and prosperity and protects the environment. The Business Activity Goals and Objectives. as well as the Business Activity Element address the location of industrial development and specifically recommend that industrial districts be properly located in advance of other development to lessen negative impacts on future development. In addition to location, development design is important to minimize dust. noise. and other impacts on adjacent land uses and the public infrastructu re. c c- STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 9 The Element notes that base industries like mining are necessary for the economy of an area and to bring investment to an area. As described on page 77, however, Boone County already has mining activity and other base industries like manufacturing and. .. . agriculture. The provision of base industries must be balanced with their impacts on the community. Page 84 specifically notes that "Other types of mining activities may occur in the future of Boone County, but only with an evaluation of its benefits and costs to the community, including its impact on existing businesses and residential/agricultural uses." Figure 5.3, the Future Industrial and Commercial Development map on page 87 of the Business Activity Element, does not show the subject site for industrial development. As shown in Table 5.1, Boone County Base Industries, 1970 - 1989, mining involves significantly fewer numbers of businesses and fewer employees than other forrT:Is of industry in Boone County. The Recreation Element recommends that areas adjoining the Ohio River and major stream valleys like Garrison Creek be studied in detail for public recreation opportunities. The Element also notes that the area north of 1-275 is in particular need of public recreation sites. The Preservation Element recommends that historic buildings, like those present on this site, should be protected or proper1y used within development. Archeology is another important issue, especially in areas Iike.this near the Ohio River. These resources must be dealt with proper1y. A Transportation Objective is to give priority to protecting capacity and improving the existing road system. Page 187 of the Transportation Element indicates that Boone County's .ohio River shoreline is generally an undeveloped resource because of poor access, and .the Comprehensive Plan calls for study of the riverfront's potential for a variety of land uses, including industrial and port operations. Staff is concerned that this proposed limestone mine does not make use of this notable resource, and may depend too much on the road system. The proposal does nothing to further the realization of the potential for connecting surface transportation and these types of land uses to the Ohio River. STAFF CONCERNS 1 . Comprehensive Plan First, the Planning Commission and Fiscal Court will need to determine whether all three applications are in agreement with the Comprehensive Plan. Highlights of issues dealing with the Comprehensive Plan include: ( ( STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 10 / C. D. E. F. G. A. The Future Land Use Map designates the site predominately as Developmentally Sensitive Areas (including the location of the portal) and Rural Lands (encompasses most of the surface operations area on the eastern plateau), and notably smaller portions of the site for Rural Density Residential uses near the interchange. Concerns are noted above in detail regarding disturbance within the OS areas. B. The text of the Land Use Element expressly states "the Garrison Creek valley should remain intact as greenbelt adjacent to Rural Density Residential growth, and should be considered for future outdoor recreational opportunities," therefore, it will need to be detennined whether this provision of the Comprehensive Plan is met when considering the substantive surface o'perations and portal areas that are. proposed, . the substantive wooded hillside areas that are proposed to be'retained. and the fact that recreational facilities are only proposed with the 1-4/PD application although they could conceivably be provided with any of the three applications. The Land Use Element also describes the Idlewild interchange area as supporting gradual highway related commercial developm~nt with some future orientation toward tourism uses in Western Boone County. As noted above, the Recreation .Element recommends that areas adjoining the Ohio River and major stream valleys like Garrison Creek be studied in detail for public recreation opportunities. The Elements also notes that the area north of 1-275 is in particular need of public recreation sites. Again, recreational facilities are only proposed with the 1-4/PD application. Figure 5.3, the Future Industrial and Commercial Development map on page 87 of the Business Activity Element, does not designate the subject site for industrial development. The Business Activity Element specifically notes that "other types of mining activities may occur in the future of Boone County, but only with an evaluation of its benefits and costs to the community. including its impact on existing businesses and residential/agricultural uses." The proposal does not make use of the Ohio River shoreline at all for port purposes, but depends entirely on the road system. The Planning Commission and Fiscal Court will also need to detennine whether the three applications fulfill the alternate findings for the granting of zone changes. . ~ c ( STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 11 2. 3.000 Foot Residential Separation As discussed previously, two of the three applications (1-4/variance and 1-4/PD applications) seek a reduction in the 3,000 foot separation required between the 1-4 zone and certain types of residential uses (Section 1189 "Geographic Requirements," Subsection 2). While the criteria for granting such a reduction is different for the two applications, tangible impacts and possible nuisances that may be created by such a reduction need to be considered regardless. Of particular concern to staff is the fact that the Vibration Study provided by the applicant notes that a test seismograph (#10) that was placed a surface distance of 2,700 feet and a direct distance of 2,745 feet from the test blast recorded a peak particle velocity of "less than 0.050 ips" (inches per second) (1-4/variance application booklet, pg. C- 60). This same vibration study states on the following page that "vibrations of the magnitude recorded in this study are perceptible. The human body can sense vibration levels as low as 0.03 ips." Thus, the levels of vibration' measured at seismograph #10 are within.the range of being perceptible and should be evaluated as to whether they would create an unacceptable impact or nuisance. Minimally; the results ofthis report give credence. . to the 3,000 foot separation requirement in a general sense. Overall, the Planning Commission and Fiscal Court will need to consider the criteria for the granting otvariances as outlined in Section 251 of the Boone County Zoning. Regulations. A portion of the applicant's arguments regarding the requested variance pertain to economiclfinancial concerns, however, economic hardship is not a legitimate basis for the granting of variances. In addition, the application for the "straight 1-4" zone demonstrates that the 3,000 foot separation requirement can be met. ~ 3. Planned Development Requirements Relative to the application for the 1-4(PD zone, staff offers the following comments regarding the standards set forth in Section 1514 "Planned Development Standards. of the Boone County Zoning Regulations. Concept Development Plan proposals in Planned Developments are to be primarily evaluated against these criteria. These comments are offered relative to these specific standards, and do not serve as a staff recommendation for the proposal as a whole. 1. Mixed Use Development and Pedestrian Orientation: The Concept Development Plan combines subsurface mining related uses, an outdoor recreational trail facility, and undisturbed hillside/open space areas. When considering the rural/undeveloped character of the area, and the fact that most "active" land uses such as retail, office, industrial, dwelling units, etc., are not commonly conceived as being appropriately "mixed" with subsurface mining operations, staff considers the proposed mixed-use concept to be reasonable, provided that the subsurface mining c c STAFF REPORT - Martin Marietta Materials, Inc. May 26, 1999 Page 12 use is found to be acceptable at th~s location. Although the subsurface mining use is not a "pedestrian friendly" use, possible links from the proposed trail facility to other areas such as the west end of River Road and the North Bend area should be explored. 2. Compatibility of Uses: Staff considers the proposed physical design/arrangement of the proposal to be reasonable relative to this standard. The plan elements that lead staff to this conclusion include the location of the surface operations area on the eastern plateau of the site, the retention of the existing tree buffer area around the disturbed areas, the provision of berming around the disturbed areas, the provision of additional landscaping, and the fact that the surface operations should be largely concealed from adjoining areas as indicated on the submitted site sections. However, staff does have the following concerns relative to the physical design for all three applications: A. Substantial screening should be provided around the south and west sides of the proposed portal area (sides bordering Garrison Creek Road and a driveway that runs through the property, but serves the abutting property to the north). Staff is concerned that without substantial vegetative screening (a mix of evergreen and large hardwood trees), this area will be visible from areas frequented by the public and adjoining property owners. B. The site plan states that berming will be provided along the new driveway near the interchange (between the new driveway and the Bu/litsburg Baptist Church property) "if requested: Staff contends that this berming is absolutely necessary in order to lessen the visual and truck traffic impacts on the church property, and should be included as a. condition in the. approval of any of the three applications. C. In order to assure that the surface operations area is fully screened from the Garrison Creek Road area to the south, and to help minimize noise impacts, staff suggests that the berm height around this area be increased to at least 15 feet. Also, mature trees should be planted on/along this berm in addition to a seed mix (deciduous/ev.ergreen seed mix only is proposed for the berms on the landscape plan). The berm constructed along Conrad Lane as part of the Gateway International Business Park is an example of this type of berm. Other issues regarding the compatibility of the proposed use (noise, vibration, etc.) are discussed in the report provided by the Planning Commission's subsurface mining consultant. (- ( STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 13 3. Open Space: Staff believes that this standard has been effectively met by the Concept Development Plan. This conclusion is based on the substantial amount of undisturbed open space that is proposed to be retained, as well as the provision of the recreational trail facility. Additional comments on this issue and possible trail links to other areas may be forthcoming from the Boone County Parks Department. 4. Multi-Modal Transportation System: Staff agrees with the applicant's contention that the proposed use and facilities largely do not lend themselves to multi-modal transportation facilities, particularly bicycle and pedestrian facilities. However, a bus stop .could be reasonably incorporated into the design of the entrance drive near the interchange to accommodate possible future bus service in the.area. This would serve not only mine employees, but could serve residents in the area as '!Vel/, particularly if a park and ride lot was provided iflwhen bus service became available. 5. Preservation of Existing Site Features: The majority of the site is proposed to remain undisturbed. Additionally, a minimum 200 foot wide buff~r of existing vegetation is proposed to be retained around the surface operations area. As noted above, staff is concerned with development of the Developmentally Sensitive areas. 6. Landscaping: A fair amount of landscaping is proposed for all three applications. Concerns regarding landscaping are discussed under standards #2 "Compatibility of Uses" above and are further discussed below relative to the 1-4 zone . requirements. 7. Architecture: The historic Gaines House is proposed to be retained and used as a field office and on-site residence. The proposed structures that would serve the mining use are very utilitarian in nature, but they are proposed to be concealed from public view. 8. Historic and Prehistoric Features: These issues are discussed under staff issue #6 below. 9. Signage: Stone entry monuments are proposed along the proposed entry drive near the interchange. Further discussion on signage is provided below relative to the 1-4 zone requirements. 10. Transportation Connections and Entry Points: As noted immediately above, stone entry monuments are proposed to be provided along the main driveway near the interchange. Possible road connections are discussed below in relation to the submitted Traffic Impact Analysis (staff concern #5). In addition, an easement should be provided for the driveway that runs through the middle section of the property to the unrelated property to the north (should be considered as a condition of approval for any of the three applications); staff has not found that an access easement exists for this driveway, although some older maps label it as "Garrison Creek Road." ~. ( c STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 14 11. Conformance with Comprehensive Plan: The relationship of this proposal to the Comprehensive Plan is discussed above. . In addition to the standards outlined in Section 1514, the Concept Development Plan criteria outlined in Section 1520 "Approval in Principle by Planning Commission" of the Zoning Regulations will need to be considered. 4. 1-4 Zone Requirements Staff has the following comments relative to certain requirements of the 1-4 zone. Only requirements that are applicable at the zone change level are discussed in this report. These comments apply to all three zone change applications. . Section 1189 Geographic Requirements (pg. 11.41 of Zoning Regulations): 1. The proposed 1-4 zone is located within 1,500 feet of an existing interstate interchange ramp and the site does directly access an arterial roadway. Garrison Creek Road (from the proposed access drive to the portal area) runs through the proposed 1-4 zone (an industrial district) and is proposed to be upgraded to meet current subcollector requirements (28! pavement width required). A memorandum from Greg Sketch, Boone County Engineer, regarding the upgrading of Garrison Creek Road is attached. In addition to meeting the current subcollector standards, Mr. Sketch recommends that the pavement design- should accommodate a. minimum 20 year life and consider any increased mining traffic in the future. 2. The 3,000 foot separation area indicated on the "straight 1-4" plan (and 1,500 feet for the subsurface aspects of the other two applications) has been verified as accurate by the Planning Commission's staff. The proposed 1-4 area which immediately adjoins 1-275 is proposed for access and buffer (i.e., maintain existing undeveloped conditions) purposes only, and is not propo~ed for m!ning or related purposes. As noted above, the existing Gaines House is proposed to be used as an on-site residence and field office - this structure is approximately 1,800 feet from the specified types of residential uses, thus, a use ancillary to the mining operation in this structure would not comply with the 3,000 foot requirement. If the Planning Commission and Fiscal:eourt were inclined to approv~ the subsurface mining use in some fashion but not the entire exception to the 3,000 foot requirement sought by the 1-4/PD and 1-4/variance applications, a limited exception through either application could be approved (upon the determination of appropriate findings) so that the Gaines House could be utilized for those proposed uses. 3. The site sections provided by the applicant indicate that a complete visual screen will be provided for the surface operations area from 1-275, although staff has suggested that modifications to the berming along the southern part of the surface operations area be made as discussed above. ( (" STAFF REPORT - Martin Marietta Materials, Inc. May 26.1999 Page 15 .. - Geographic Guidelines (pg. 11.42 of Zoning Regulations): 1. Centralized/public water and sanitary sewer systems are not proposed. The Comprehensive Plan's land Use Eiement states for this area "development in this area should not be accompanied by major sanitary sewer facilities that could commit the ldlewild area to development" (Area B-2: ldlewild Area, pg. 215). 2. The historic Bullitsburg Baptist Church building is the near the subject site and may be sensitive to vibration. The Planning Commission's subsurface mining consultant may provide more definitive information on this issue. Section 11100 Performance Requirements (pp. 11.48 - 11.50): 2. This section requires excess stone and spoil to be stored within the underground mine as soon as adequate space exists, and/or to be used as a construction material for benning around the site. Although berming is proposed, staff did not identify in the applications that this material would be used to construct the benning, or how any excess materials would be handled. Also, primary crushing is proposed to occur in the subsurface area when adequate space exists, however, the applicant should explain the feasibility of performing other operations in the quarry, such as secondary crushing, screening, etc. 3. through 6. These sections outline blasting requirements. The Planning Commission's subsurface mining consultant may provide infonnation regarding these sections. 8. This section states -no trucking shall occur on Saturday after daylight hours or . on Sunday. The Planning Commission and Fiscal Court can impose additional restrictions on nighttime trucking activity depending on specific site considerations." Based on this requirement, the applicant needs to darify the intended trucking schedule. In addition, the governing bodies will need to detennine whether there are circumstances specific to this site that warrant additional nighttime trucking restrictions. 9. This section outlines dust control standards and requires truck wheel washing facilities that are at leasf500 feet from the nearest public roadway, and requires the driveway to be paved for this 500 feet length. Both of these requirements have been met by the 1-4/PD and 1-4/variance applications. The straight 1-4 application does not show that the entire driveway between the road and the wheel washing facility will be paved, although it does show that the driveway is paved for the initial 625 feet from the road. In order to make the most effective use of the wheel washing facility for the straight 1-4 request, staff contends that the entire driveway between the road and the wheel washing facility should be hard surfaced. This section also requires exiting trucks to be covered with tarps. Although the applicant has proposed a seemingly comprehensive dust control program (pg. 31 in the straight 1-4 request binder), the tarp requirement has not been addressed. ~ ( (" STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 15 Geographic Guidelines (pg. 11.42 of Zoning Regulations): 1. Centralized/public water and sanitary sewer systems are not proposed. The Comprehensive Plan's Land Use Element states for this area "development iA -this _. area should not be accompanied by major sanitary sewer facilities that could commit the Idlewild area to development" (Area B-2: Idlewild Area, pg. 215). 2. The historic Bullitsburg Baptist Church building is the near the subject site and may be sensitive to vibration. The Planning Commission's subsurface mining consultant may provide more definitive information on this issue. Section 11100 Performance Requirements (pp. 11.48 - 11.50): 2. . This section requires excess stone and spoil to be stored within the underground mine as soon as adequate space exists, and/or to be used as a construction material for berming around the site. Although berming is proposedi staff did not identify in the applications that this material would be used to construct the berming, or how any excess materials would be handled. Also, primary crushing is proposed to occur in the subsurface area when adequate space exists, however, the applicant should explain the feasibility of performing other operations in the quarry, such as secondary crushing, screening, etc. 3. through 6. . These sections outline blasting requirements. The Planning Commission's subsurface mining consultant may provide information regarding these sections. 8. This section states "no trucking shall occur on Saturday after daylight hours or . on Sunday. The Planning Commission and Fiscal Court can impose additional restrictions on nighttime trucking activity depending on specific site considerations. n Based on this requirement, the applicant needs to clarify the intended trucking schedule. In addition, the governing bodies will need to determine whether there are circumstances specific to this site that warrant additional nighttime trucking restrictions. 9. This section outline:) dust control standards and requires truck wheel washing facilities that are at least 500 feet from the nearest public roadway, and requires the driveway to be paved for this 500 feet length. Both of these requirements have. been met by the 1-4/PD and 1-4/variance applications. The straight 1-4 application does not show that the entire driveway between the road and the wheel washing facility will be paved, although it does show that the driveway is paved for the initial 625 feet from the road. In order to make the most effective use of the wheel washing facility for the straight 1-4 request, staff contends that the entire driveway between the road and the wheel Washing facility should be hard surfaced. This section also requires exiting trucks to be covered with tarps. Although the applicant has proposed a seemingly comprehensive dust control program (pg. 31 in the straight 1-4 request binder), the tarp requirement has not been addressed. . ., .) ( ( STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 16 11. Benning and landscape buffer.requirements are discussed in this section. The minimum requirements of this section have been met by the submitted plans with the exception of the berming'between the proposed access drive and the church property discussed previously. Staff continues to contend that additional landscape screening should be provided around the portal area, and the benn height should be increased around the south side of the surfaced operations (and include mature trees on this benn), both as discussed above. Additional screening/buffering can be required if warranted in specific instances. .12. This section discusses requirements pertaining to security. The applicant needs to outline plans that would demonstrate compliance with these requirements. 16. This section outlines standards for the required entrance sign. One sign with a maximum size of 32 square feet is pennitted, however, ~o signs that are approximately 16 square feet each have been proposed (Le., one sign must be eliminated but the remaining sign may be increased in area - the stone monument for the eliminated sign may be retained as an entry feature). Further, the mining pennit number will need to be displayed on the sign. Section 11102 "General Requirements" (pg. 11.52 of the Zoning Regulations): This section describes setback, building height, parking, and access road requirements. Staffs only comment relative to these requirements is that the auto parking areas are required to be hard surfaced as per the nonnal parking. lot requirements referenced therein. This section also notes that all laws of the Commonwealth of Kentucky relative to nuisances and the environment must be followed. Relative to this issue, a letter from Gretchen Bartley of the Kentucky Division of Water is attached concerning water related issues and required pennits. Section 11104 "Minimum Size" (pg. 11.52 of Zoning Regulations): This section requires an 1-4 zone to include at least 200 acres, and limits surface operations to 250 acres maximum. All three applications are in compliance with these requirements. 5. Traffic Impact Analysis. A. The Traffic Impact Analysis (TIA) indicates that subsurface mining is a low traffic generator, relatively speaking. Staffs concern, however, is not with the amount of traffic, but the impacts of the type of traffic - trucks. The TIA maintains that there are no peak hours like other types of traffic generators. Staff maintains that there may be peak hours, however, such as the beginning of day, before and after lunch, and near end of the day. In addition, the TIA does not indicate if the year 2006 figures are applicable beyond that period (Le., what are the long term impacts?). ~ ~ ( c- STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 17 B. The TIA maintains that 185 feet of storage is adequate for the left turn lane onto eastbound 1-275. Staff compares this to a left turn lane at KY 18 and. KY 237 in Burlington, which is an intersection that experiences a considerable amount of truck traffic. The left turn lane from eastbound KY 18 to northbound KY 237 is approximately 260 feet long with a 200 foot preceding taper. With the future growth potential of the area west of the interchange in the KY 20 corridor, it will become more difficult to turn left at this location. Staff questions the adequacy of the storage lane. C. On page A-5, No 3 of the TIA, it is assumed that the mine will decrease hauling distances for aggregate trucks. There is no evidence that the mine will decrease hauling distances for projects in Boone County, especially if the trip distribution for the mine is 65 percent to the east. This indicates that the mine may be on the edge of its service area, and may be less strategically located than river port sites near Cincinnati or Covington where the product can be offloaded from barges. This could be compounded if the potential asphalt and concrete mix plants are located at this site. D. The conclusion that the mine is not adding any additional truck trips to regional roadways is probably true, however,. the mine has the effect of concentrating these trips to a specific location. Staffs concern is not so much with the main line of 1-275, but the interstate ramps that serve it at this interchange. In particular, the eastbound entrance ramp to 1-275 will experience 65 percent of the exiting truck traffic. This ramp is inclined and the trucks will be full while trying to reach operating speed going uphill. The TIA also indicates that the trip distribution of traffic not associated with the mine reflects the mine distribution in the AM peak hOUf.. 66 percent of the area traffic currently proceeds eastbound on 1-275, thereby creating potential conflict with the slow-moving trucks on the interchange ramp. The traffic counts at this location will increase over time as the area west of the interchange on KY 20 develops. E. The TIA indicates that the Trip Generation Analysis is an average over a 12 month period and that peaks in trip generation may occur with seasonal demands. A specific construction project in Northern Kentucky, for example, could result in higher traffic volumes, as well as an altered trip distribution. At times this could increase the potential impacts noted above. In fact, the TIA indicates that a peak amount of aggregate transported could be 300,000 tons per month, almost double the monthly average of 166,667 tons in the year 2006. . , c c STAFF REPORT - Martin Marietta Materials, Inc. May 26,1999 Page 18 F. The submitted figures indicate that on average, at seven years of operation, 42 (AM peak) and 73 (PM peak) trips will turn left per hour from KY 8 to 1- 275. This averages out to roughly one per minute. Although the TIA forecasts a level of service A for this movement, it does not reflect the. impact bf these trucks on the entrance ramp itself. With the peak monthly transport of aggregate these figures could be 75 (AM peak) and 131 trips (PM peak). In staff's opinion, when the PM peak of over two trucks per minute is combined with traffic associated with future growth west of the interchange, the entrance ramp itself cannot function at level of servrce A. Staff believes that the applicant has not adequately addressed this issue. G. With the straight 1-4 application, the location of the truck wheel wash does 'not accomplish the objective of keeping dust off the public roads because according to the submitted maps, the trucks must travel 2,500 feet of gravel road between the wash location and the paved access .road. There is disagreement between the submitted maps and the TIA in this regard. 6. Historic and Prehistoric Resources Staff has the following comments relative to historic and prehistoric resources on the project site and in the immediate area. A. Staff appreciates the thorough approach to the identification of historic and prehistoric sites within the project and surrounding areas. However, it has. been determined that the majority of the applicant's site, especially those areas that will be impacted most heavily, have never been thoroughly surveyed by a professional archaeologist. As is evident by the map provided, there are numerous identified prehistoric archaeological sites around the project site. Similar settings (on the ridges and fields directly adjacent to the Ohio River as well as in close proximity to the mouth of a primary creek) in other parts of Boone County have yielded important historic and scientific information, including burial site locations, about the people who previously inhabited this land. Staff recommends that a Phase 1 archaeological survey for the entire tract be conducted prior to any site disturbance. If 'N.ithin the project area there are sites that are recommended for further study, that work should be completed or the site should be avoided and left undisturbed. B. Staff is concerned about the c. 1797 Gaines House (BE-85), and later outbuildings, that are located in the project area. It has been stated that they will remain and be used by the applicant. Staff recommends a condition that all currently existing historic buildings will remain, in their current condition, unless changes are approved by action of the Planning Commission at a later date. The existing house was, at one time, eligible for listing on the National Register of Historic Places. A recent insensitive renovation has eliminated that possibility for the time being, but proper restoration could take place in the future. I \ J (- c /' 7' STAFF REPORT - Martin Marietta Materials, Inc. May 26, 1999 Page 19 C. Staff is concemed about the c. 1892 National Register fann (BE-8?) located just to the southwest of the central portion of the project area boundaries. It is essential that this historic property not be negatively impacted by this proposed project. Staff recommends that extensive buffering be maintained between this property and the proposed project area - the buffering recommended above for the portal area should help in this regard. 7. A memorandum dated May 19, 1999 from Captain Jim Adams of the Hebron Fire Protection District is attached. This memorandum discusses the District's concems regarding emergency service issues. 8. A written report from the Planning Commission's subsurface mining consultant will be provided at the Public Hearing. CONCLUSION All three applications need to be evaluated by the Boone County Planning Commission and the Boone County Fiscal Court in terms of the three criteria necessary for approving a Zoning Map Amendment as stated in Article 3, "Amendment" of the Boone County Zoning Regulations and the potential impacts on the existing and planned uses in the area. In addition, the requested variance needs to be evaluated relative to the criteria outlined in Section 251 -Application and Standards for Variances" of the Boone County Zoning Regulations. The application requesting the 1-4/PD zone needs to be evaluated relative to the Planned Development requirements outlined in Article 15 of the Zoning Regulations. The Future land Use Map will need to be amended if the Planning Commission and Fiscal Court approve this request. 7l1Y~ed. Kevin T. Wall, AICP COT Director, Zoning Services <y-21). k~~ David Geohegan, AICP Director, Planning Services ~ 1(. &U- Susan M. Cabot Historic Preservation Planner KTW/DG/SMC:pr I / / \ ) c' rr c c STAFF REPORT - Martin Marietta Materials, Inc. May 26, 1999 Page 20 attachments: . aerial photo wi existing zoning . Future'Land Use Map excerpt . letter dated May 21, 1999 from George Hoffman, Kentucky Transportation Cabinet . memorandum dated May 18, 1999 from Greg Sketch, P.E., L.S., Boone County Engineer . letter dated May 17,1999 from Gretchen M. Bartley, Kentucky Division of Water . memorandum dated May 19,1999 from Captain James Adams ofthe Hebron Fire Protection District . zone change applications . Concept Development Plans for the three applications superimposed on aerial photos