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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0256
Keck Trust
and
Nina V. Shoosmith et als
Bermuda Magisterial District
South line of Bermuda Hundred Road
RE VEST: Rezoning from Agricultural (A) and Light Industrial (I-1) to Heavy Industrial (I-3).
PROPOSED LAND USE:
Heavy Industrial (I-3) uses are planned, except as limited by Proffered Condition 1.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDTIONS ON
PAGES 2 AND 3.
AYES: MESSRS. BASS, BROWN, HASSEN AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reason:
The proposed zoning and land use comply with the Consolidated Eastern Area Plan which
suggests moderate and heavy industrial uses are appropriate when such uses will be
located and designed to ensure compatibility with less intense area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
Providing a FIRST CHOICE community through excellence in public service
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. The following uses shall not be permitted:
A. Blast furnaces, steel works and rolling and finishing ferrous
metals;
B. Coal and coke storage;
C. Crematoriums;
D. Iron and steel foundries;
E. Leather tanning;
F. Meat products manufacturing;
G. Nonferrous foundries and other primary metal industries;
H. Paper, pulp and allied products manufacturing;
I. Primary smelting and refining of nonferrous metals;
J. Secondary smelting and refining of nonferrous metals and
alloys;
K. Mass transportation;
L. Motor Vehicle Service Station;
M. Water and wastewater treatment plants; and,
N. Paper recycling by the chemical method. (P)
(STAFF/CPC) 2. Except for timbering approved by the Virginia Department of
Forestry for removing dead or diseased trees, there shall be no
timbering on the property until a land disturbance permit has been
obtained from the Environmental Engineering Department and the
approved devices installed. (EE)
(STAFF/CPC) 3. Dedication. Prior to any site plan approval or within sixty (60)
days of a written request by the Transportation Department,
whichever occurs first, forty-five (45) feet of right of way on the
south side of Bermuda Hundred Road, measured from the
centerline of that part of Bermuda Hundred Road immediately
adjacent to the property, shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County. (T)
(STAFF/CPC) 4. Access. Direct vehicular access from the property to Bermuda
Hundred Road shall be limited to four (4) entrances/exits. The
exact location of these accesses shall be approved by the
Transportation Department. The Transportation Department may
modify this condition to permit additional entrance(s)/exit(s) to
Bermuda Hundred Road. (T)
2 08SN0256-OCT22-BOS-RPT
(STAFF/CPC) 5. Transportation Improvements. The Developer shall be responsible
for the following road improvements. The exact design of these
improvements shall be approved by the Transportation
Department.
a. Construction of additional pavement along Bermuda
Hundred Road at each approved access to provide left and
right turn lanes.
b. Dedication to Chesterfield County, free and unrestricted, of
any additional right-of way (or easements) required for the
improvements identified above. (T)
(STAFF/CPC) 6. A seventy (70) foot buffer shall be maintained adjacent to the
northern boundary of the Dominion Power easement along the
length of that easement that borders Homeacres Subdivision.
Except for a rail spur which runs generally perpendicular through
the buffer, such buffer shall comply with the Zoning Ordinance
requirements for seventy-five (75) foot buffers. (P)
GENERAL INFORMATION
Location:
South line of Bermuda Hundred Road, northwest of Allied Road. Tax IDs 828-649-7372;
829-650-8343; 830-649-1629; and 830-650-4043.
Existing Zoning:
AandI-1
Size:
167 acres
Existin Land Use:
Vacant/Wooded
Adjacent Zoning and Land Use:
North - I-3; Industrial or vacant
South - C-3, R-7 & A; Agricultural, single family residential or vacant
East - A & I- l ;Industrial or vacant
West - A; Vacant
3 08SN0256-OCT22-BOS-RPT
T TTTT ,TTTF,C
Public Water System:
This request site is within the Meadowville Water Pressure Zone and the public water
system is available to serve this site. There is an existing twenty (20) inch water line
extending along the south side of Bermuda Hundred Road within an easement across the
request site. Use of the public water system is required by County Code.
Public Wastewater System:
The request site is within the Johnson Creek sewer service area. The majority of this site is
within the service area of the Bermuda Hundred Wastewater Pump Station. Available
capacity for the request site and other properties within the service area of the Bermuda
Hundred Wastewater Pump Station is allocated by a prior wastewater agreement. The total
allocated capacity for the Keck Trust is 59,500 gallons per day (gpd) and for the Shoosmith
property, 12,500 gallons per day (gpd). There is an existing ten (10) inch wastewater trunk
line extending along Bermuda Hundred Road adj acent to the request site. Use of the public
wastewater system is required by County Code.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south to a tributary of Johnson Creek and then via
Johnson Creek to the Appomattox River. There are currently no known on- or off site
drainage or erosion problems and none are anticipated after development.
The property is currently wooded and, as such, should not be timbered without first
obtaining a land disturbance permit from the Department of Environmental Engineering and
the appropriate erosion control devices being installed. This will ensure that adequate
erosion control measures are in place prior to any land disturbance. (Proffered Condition 2)
Water ua 1
The developer will need to perform a perennial flow determination on the stream adj acent to
the railroad prior to development.
PUBLIC FACILITIES
Fire ~ervice~
The Enon Volunteer Fire Station, Company Number 6, and Riversbend Fire Station,
Company Number 18, currently provide fire protection and emergency medical service
(EMS). This request will have a minimal impact on Fire and EMS.
4 08SN0256-OCT22-BOS-RPT
Transportation:
The property (167 acres) is located on the south side of Bermuda Hundred Road between
North Enon Church Road and Allied Road. The applicant is requesting a rezoning from
Agricultural (A) of approximately seventeen (17) acres and Light Industrial (I-1) of
approximately 150 acres to Heavy Industrial (I-3) district.
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on light industrial trip rates, the existing 150 acres of
light industrial property could generate approximately 11,100 average daily trips (ADT).
Based on light industrial trip rates, the entire property could generate approximately
12,400 ADT. This traffic will initially be distributed to Bermuda Hundred Road (Route
697), which had a 2006 traffic count of 2,248 ADT (Level of Service D) between Enon
Church Road and Allied Road. Due to the short traffic peaks resulting from adjacent
businesses, a marginal Level of Service D results on this segment of Bermuda Hundred
Road. The Transportation Department would consider this segment of Bermuda Hundred
Road as a good two-lane roadway with adequate shoulders. No public road
improvements in this part of the county are currently included in the Six-Year
Improvement Plan.
The Thoroughfare Plan identifies Bermuda Hundred Road as a major arterial with a
recommended right of way width of ninety (90) feet. The applicant has proffered to
dedicate forty-five (45) feet of right of way, measured from the centerline of Bermuda
Hundred Road, in accordance with that Plan. (Proffered Condition 3)
Access to major arterials, such as Bermuda Hundred Road, should be controlled to
minimize conflict points and help maintain acceptable levels of service on this roadway.
The applicant has proffered to limit vehicular access to Bermuda Hundred Road to four
(4) entrances/exits. (Proffered Condition 4)
The traffic impact of this development must be addressed. The applicant has proffered to
construct additional pavement along Bermuda Hundred Road at each of the approved
entrance(s)lexit(s) to provide left and right turn lanes (Proffered Condition 5). These turn
lanes should be provided with development that includes a new access to Bermuda
Hundred Road.
VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Study
requirements, have been enacted. In October 2009, VDOT may enact access
management regulations that would affect access points along arterial and collector
roadways, such as Bermuda Hundred Road. Staff has been meeting with VDOT to
attempt to understand the impact of the regulations. At this time, it is uncertain what
impact VDOT's regulations will have on the development process or upon zonings
approved by the county. The applicant has indicated that this request does not warrant a
Chapter 527 Traffic Impact Analysis.
5 08SN0256-OCT22-BOS-RPT
T ,ANn T T~F,
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern Area Plan which suggests the
northern majority of the property is appropriate for general and heavy industrial use and
the southern portion of the request property is appropriate for light industrial use. The
Plan suggests that moderate and heavy industrial uses are appropriate when designed,
located and/or oriented to ensure compatibility with less intense uses and where
appropriate access and transitions are provided in order to minimize impacts on less
intense existing and anticipated area development.
Area Development Trends:
Properties to the north are zoned Heavy Industrial (I-3) and are currently vacant. Properties
to the east and west are zoned Agricultural (A) and are occupied by public/semi-public use
(cemetery) or are vacant. Properties to the south are zoned Community Commercial (C-3),
Residenital (R-7) and Agricultural (A) and are occupied by single family residential use or
are vacant. It is anticipated, as suggested by the Plan, that moderate and heavy industrial
uses will continue in the area north of the subject property with residential and light
industrial uses to the south, light industrial uses to the east and public/semi-public uses to the
west. The Plan recognizes the mixed uses within this area and suggests consideration be
given to location and design to mitigate impacts between uses of varying intensity.
Zonin H.~ istory:
On April 11, 1973, the Board of Supervisors, upon a favorable recommendation of the
Planning Commission, approved rezoning (Case 73-49) of approximately 132 acres of
the request property to Light Industrial (I-1), except that a 200 foot wide area along the
southern boundary of the property adjacent to the Home Acres Subdivision maintain its
Agricultural (A) zoning.
On April 23, 1986, the Board of Supervisors, upon a favorable recommendation of the
Planning Commission, approved rezoning (Case 865058) of approximately 27.6 acres of
the request property to Light Industrial (I-1).
Use Limitations:
In an effort to minimize impacts on area development, the applicant has proffered to exclude
certain uses due to their intensity. (Proffered Condition 1)
Site Design:
The request property is bounded to the north by Bermuda Hundred Road and to the south by
a railroad line and a maj or electrical transmission easement which encompass an area
approximately 180 feet wide along the southern property boundary. In addition,
6 08SN0256-OCT22-BOS-RPT
development of the request property would be accessed by Bermuda Hundred Road, except
for potential rail access from the south, and would likely be oriented towards Bermuda
Hundred Road given the rail and utility easement along the southern property boundary. In
addition, the request property lies within an Emerging Growth District Area. The Zoning
Ordinance specifically addresses access, landscaping, architectural treatment, setbacks,
parking, signs, buffers, utilities and screening. The purpose of the Emerging Growth
District Area is to promote high quality, well-designed projects. Development of the request
property will be subject to these Ordinance requirements. Given the physical characteristics
of the property and the development standards of the Ordinance, the proposed moderate and
heavy industrial uses would be designed, located and/or oriented to ensure compatibility
with less intense uses to the south, as suggested by the Plan.
Ruffer~~
A railroad right of way runs adjacent to the southern boundary of the request property
and a major electrical transmission easement (approximately 130 feet wide and located
on the request property) runs parallel to the southern property boundary. As previously
noted, given these physical characteristics, any development would be designed, located
and oriented towards Bermuda Hundred Road. In addition, because the request property
borders a railroad right of way to the south, the Zoning Ordinance would not require a
buffer along the southern property line. However, in considering the residential use
within Homeacres Subdivision south of the railroad right of way, the applicant has
proffered that a seventy (70) foot buffer will be maintained adjacent to the northern
boundary of the electrical easement along the length of that easement that borders
Homeacres Subdivision (Proffered Condition 6). Except for a rail spur which would be
permitted generally perpendicular through the buffer, the buffer would be required to
comply with Ordinance requirements for seventy-five (75) foot buffers, including
landscaping requirements. It is important to note that under certain circumstances, this
buffer requirement may be waived or modified by the Planning Commission during plans
review.
CONCLUSION
The Consolidated Eastern Area Plan suggests moderate and heavy industrial uses are appropriate
when such uses will be located and designed to ensure compatibility with less intense
development. The development standards of the Ordinance, the proffered use limitations and the
physical constraints on the property which promote orientation of the development towards Old
Bermuda Hundred Road all work in combination to ensure achievement of compatibility in
compliance with the Plan.
Given these considerations, approval of this request is recommended.
7 08SN0256-OCT22-BOS-RPT
CASE HISTORY
Planning Commission Meeting (7/15/08):
At the request of the applicant, the Commission deferred this case to their August 19, 2008
public hearing.
Staff (7/16/08):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than July 21, 2008, for consideration at the Commission's August 19,
2008 public hearing.
Also, the applicant was advised that a $230.00 deferral fee must be paid prior to the
Commission's public hearing.
Staff (7/22/08):
To date, no new or revised information has been received. The deferral fee was paid.
Planning Commission Meeting (8/19/08):
On their own motion, the Commission deferred this case to their September 16, 2008 public
earmg.
Staff (8/20/08):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than August 25, 2008 for consideration at the Commission's
September 16, 2008 public hearing.
Applicant (8/28/08):
An additional proffered condition was submitted.
8 08SN0256-OCT22-BOS-RPT
Applicant (9/12/08):
A revision to the proffered conditions was submitted.
Planning Commission Meeting (9/16/08):
The applicant accepted the recommendation. There was opposition present expressing
concerns about the impact Heavy Industrial (I-3) uses may have on an adjacent parcel zoned
Light Industrial (I-1).
Mr. Hassen noted that proffered conditions limited more intense industrial uses and felt
zoning would increase the value of adjacent industrially zoned property.
On motion of Mr. Hassen, seconded by Dr. Brown, the Comission recommended approval
and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Bass, Brown, Hassen and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Friday, October 22, 2008, beginning at 6:30 p.m., will take under
consideration the request.
9 08SN0256-OCT22-BOS-RPT
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