Stop Virginia Paving’s Asphalt Plant From Destroying the Vision of the Eisenhower West Small Area Plan

Petition Requesting the Alexandria City Counsel Uphold the Goals and Visions of the Eisenhower West Small Area Plan (“EWSAP”), http://bit.ly/2mhodad, by Invoking the Special Use Permit (“SUP”) Provision #75 (“Sunset Provision”) of Virginia Paving Company’s Asphalt Plant Located at 5601 & 5603 Courtney Avenue and 720, 730 & 750 South Van Dorn Street in Alexandria, VA (“Virginia Paving”) Since Virginia Paving’s Heavy Industrial Uses are Inconsistent With Both the EWSAP and With Ensuing and Foreseeable Development and Redevelopment in the Area.

The Sunset Provision must be invoked by City Council if it determines that (1) “the continued operation of this use is inconsistent with the Eisenhower West Small Area Plan (SAP) and implementing zoning amendments”, and (2) “with the ensuing and foreseeable development and redevelopment in the area.” No other questions are relevant for SUP #75. Both conditions have been met as noted in the City Staff report sent to the Planning Commission in connection with the October 3, 2019 Planning Commission hearing (“City Staff Report”).

1. Virginia Paving’s heavy industrial use is inconsistent with the EWSAP: The EWSAP recognizes that the current heavy industrial use by Virginia Paving is inconsistent with the plan since it states that “…a site so close to a Metrorail station should be redeveloped in the future into a more compatible use.” The presentations by City Staff at the May 22 and September 11, 2019 Eisenhower West – Landmark Van Dorn Implementation Advisory Group meetings noted that the “EWSAP recommends the redevelopment of this site and other heavy industrial uses to a more compatible land-use.” The City Staff Report states that the EWSAP “recommends a mix of residential, office, and institutional uses for the project site [i.e. Virginia Paving] [and] a variety of Plan-wide improvements that involve the use of part of the site. Such improvements include the establishment of a linear park along Backlick Run and the construction of a multimodal bridge in the vicinity of the asphalt plant. “

2. Virginia Paving’s heavy industrial use is inconsistent with ensuing and foreseeable development and redevelopment in the area: Virginia Paving is directly across the street from Vulcan Materials site (a former heavy industrial use) which is slated for redevelopment. Virginia Paving is also within a very short distance of Cameron Station, the Cameron Park project, the Brandywine project, Modero Tempo, and the huge Greenhill redevelopment projects. Moreover, Virginia Paving is also relatively close to the recently approved Public Storage project on South Pickett street that envisions redevelopment of the back end of the acquired land that borders Backlick Run. The presentation by City Staff at the September 11, 2019 Eisenhower West – Landmark Van Dorn Implementation Advisory Group meeting noted that the “Staff concludes that asphalt plant is NOT CONSISTENT with – Eisenhower West SAP recommendations [or] – Ensuing and foreseeable area development.” (Emphasis in original) The City Staff Report affirms this conclusion.

There are many other compelling reasons for City Council to invoke the Sunset Provision of Virginia Paving’s SUP provision #75. However, these are not reasons contemplated under SUP #75 and are set forth below solely as useful background information.

o Virginia Paving’s products are no longer in high demand: Low production output in 2017 and 2018 (an average of 240,954 tons of its allowable annual output of 980,000 tons).

o Asphalt can be brought to Alexandria by other nearby asphalt plants: Asphalt can be supplied by Virginia Paving’s nearby facilities (in Chantilly, Lorton or in Sterling, VA) or by its competitors (e.g. Fort Myer Construction Corporation, Laurel Asphalt Company, Forestville Asphalt Company and/or Senate Asphalt).

o Virginia Paving will impede building of a multi modal bridge: The preferred pathway by City Staff and Norfolk Southern is across their land. City Staff noted in both its May 22 and September 11, 2019 presentations to the Eisenhower West – Landmark Van Dorn Implementation Advisory Group that the City’s “[p]referred option for the multimodal bridge would bisect the site [i.e. Virginia Paving’s property].” The City Staff Report affirms this conclusion.

o Redevelopment of Virginia Paving’s site would result in an annual net financial benefit to the City: At the September 11 meeting of the Eisenhower West – Landmark Van Dorn Implementation Advisory Group, Virginia Paving made much of the fact that the City saved money by buying its asphalt from the plant and the fact that it collected taxes from the plant. Virginia Paving’s presentation at the September 11 Advisory Group meeting indicated that the combined total of such taxes and savings on asphalt are $646,627. The City Staff Report noted that the benefits to the City from redevelopment of the property would amount to approximately $1,300,000 per year. Accordingly, even assuming that Virginia Paving’s numbers are not inflated, the City would gain over $650,000 per year if the plant moved and the property was redeveloped.

o Virginia Paving emits harmful pollutants: It is undisputed that Virginia Paving’s operations result in the emission of harmful substances such as but not limited to volatile organic compounds (e.g. the carcinogen dioxin), nitrogen oxides, sulfur dioxides and small particulates (i.e. PM2.5 and PM10). Regardless of whether or not the plant may currently meet federal or state water and/or air pollution standards, the City should show its continued interest in protecting our environment by invoking the Sunset Provision of the SUP and not having this plant continue to spew harmful toxins in Alexandria.

o Virginia Paving’s environmental and other law violations: During the time Virginia Paving was seeking to modify its SUP in order to more than double its annual production, it was in violation of a total of twenty-four federal, state and local environmental and other regulations. It had three violations of state environmental laws in 2008 and another two in 2011. The City Staff presentation at the May 22 Advisory Group meeting noted that there continue to be citizen complaints related to both noxious smells and noise. City Staff presentations at the May 22 and September 11 Advisory Group meetings noted that there are “encroachment issues” by Virginia Paving on a “public right of way” that comprise a total of more than 36,000 square feet. The City Staff Report affirms these findings.

In light of the foregoing and consistent with the language in the Sunset Provision, the undersigned residents of Alexandria, VA formally request the Alexandria City Council to invoke the Sunset Provision and require Virginia Paving’s “use, and all related tenant operations on or within the site…terminate at such time as the Council shall determine, which shall not be sooner than seven years after the adoption of the SAP or longer than the applicable amortization period under Zoning Ordinance Section 12-214 as demonstrated by the Applicant…”