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09SN0114~~tF~EI,p ~~:, ~~ti --~ ca~~'';. .v ~ ~ e,~ !' ~ ~~ ~ti, I rY~ ry ! ~;li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 09SN0114 2 Enon LLC 4c Tor 71 7(1(1Q rpr November 19, 2008 BS Bermuda Magisterial District Southwest quadrant of Bermuda Hundred and North Enon Church Roads RE VEST: Rezoning from Agricultural (A) to Light Industrial (I-1). PROPOSED LAND USE: Light industrial uses are planned. PLANNING COMMISSION RECOMMEDNATION RECOMMEND DENIAL. AYES: MESSRS. BASS, BROWN, HASSEN AND WALLER. ABSENT: MR. GULLEY. STAFF RECOMMENDATION Recommend denial for the following reason: While the proposed zoning and land uses conform to the Consolidated Eastern Area Plan which suggests the property is appropriate for offices, warehouses and light industrial uses, including research and development uses and light manufacturing, the proposal fails to preclude access to North Enon Church Road and provide customary road improvements, as discussed herein. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY Providing a FIRST CHOICE community through excellence in public service BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The Contract Purchaser-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax ID 824-650-3034 and 823-650-7830 from A to I-l, and subject to the conditions and provisions as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. 1. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of 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 have been installed. (EE) 2. Prior to any site plan approval or within ninety (90) days of a request by the Transportation Department, forty-five (45) feet of right of way measured from the existing centerline of North Enon Church Road shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 3. The developer will retain the two (2), ten (10), and one hundred (100) year post development runoff and release at the two (2), ten (10), and one hundred (100) year predevelopment rate. (EE) GENERAL INFORMATION T ,~cati nn Southwest quadrant of Bermuda Hundred and North Enon Church Roads. Tax IDs 823- 650-7830 and 824-650-3034. Existing Zoning: A Size: 20.7 acres Existing Land Use: Vacant 2 09SN0114-NOV19-BOS-RPT Adjacent Zoning and Land Use: North - I-2 with CUPD & I-3; South, East and West - A; Public/semi-public (church), single family residential or vacant T TTTT .TTTF C Public Water System: The public water system is available. 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. In addition, a twenty (20) inch water line extends along the west side of North Enon Church Road within an easement across the request site. Use of the public water system is required. Public Wastewater S,, sue: The request site is within the service area of the Bermuda Hundred Wastewater Pump Station. There is an existing fifteen (15) inch wastewater trunk line extending along Bermuda Hundred Road adjacent to the request site. Use of the public wastewater system is required. By an existing wastewater agreement, the maximum available capacity reserved for the request site is 45,000 gallons per day. ENVIRONMENTAL Drainage and Erosion: The subject property generally drains to the southwest and then via a tributary under Route 10 to Johnson's Creek. During a 100 year storm with full development of the area, several feet of water will inundate long stretches of Route 10 through this area. To address these drainage concerns, Proffered Condition 3 would require onsite retention with a release based upon the pre-development rate. Due to the extreme flatness of the area, there is a strong possibility that wetlands exist on the property. With this flatness and development of the site, off site easements will be necessary to adequately drain the site even with the storage of the post development runoff. The property is wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering and the appropriate erosion control devices being installed (Proffered Condition 1). This will ensure that erosion control measures are in place prior to any development. 3 09SN0114-NOV19-BOS-RPT PUBLIC FACILITIES Fire ~ervice~ The Enon Volunteer Fire Station, Company Number 6, and the 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. Transportation: The property is approximately twenty-one (21) acres located in the southwest quadrant of North Enon Church and Bermuda Hundred Roads. The applicant is requesting rezoning from Agricultural (A) to Light Industrial (I-1). Based on trip generation rates for light industrial uses and a density of 10,000 square feet per acre, development of the property could generate approximately 1,500 average daily trips (ADT). This traffic would be distributed to North Enon Church and Bermuda Hundred Roads. Bermuda Hundred and North Enon Church Roads had 2006 traffic counts of 2,246 vehicles per day (VPD) and 4,261 VPD, respectively, and were functioning at an acceptable Level of Service D. The Transportation Department does not support this request because the applicant has not committed to preclude access to North Enon Church Road or provide customary road improvements. The Thoroughfare Plan identifies North Enon Church Road as a major arterial. Traffic along North Enon Church Road is anticipated to increase dramatically with development of the Meadowville Technology Park to the north. To reduce conflict points and decrease the potential for accidents along this roadway, access to North Enon Church Road from the property should be precluded. Access to the property can be provided by way of Bermuda Hundred Road which is aloes-volume cul-de-sac street adjacent to the property. When asked, the applicant was not willing to preclude access to North Enon Church Road. The traffic impact of this development should be addressed. The applicant should commit to construct turn lanes along North Enon Church Road to mitigate the traffic impact of the proposed development. When asked, the applicant was not willing to provide these improvements. There are no public projects in this area currently included in the VDOT Six-Year Improvement Program. The Thoroughfare Plan identifies North Enon Church Road as a maj or arterial with a recommended right of way width of ninety (90) feet. The applicant proffered to dedicate forty-five (45) feet of right of way, measured from the centerline of North Enon Church Road, in accordance with this Plan. (Proffered Condition 2) VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Analysis requirements, were recently enacted. Staff has been meeting with VDOT to attempt to understand the process and the impact of the regulations. At this time, it is uncertain 4 09SN0114-NOV19-BOS-RPT 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 meet the thresholds that would require a Traffic Impact Analysis to be submitted to VDOT. VDOT's Access Management Regulations were enacted on July 1, 2008 but only apply to roads that VDOT classifies as Principal Arterials. The regulations are scheduled to apply to roads such as North Enon Church Road and Bermuda Hundred Road, which are classified as Urban Minor Arterials, on October 1, 2009. Because these Regulations have not been finalized, it is unclear what impact, if any, they will have on the property. Because the applicant has not committed to preclude access to North Enon Church Road or provide any road improvements, the Transportation Department cannot support this request. T,ANT~ TIFF. Comprehensive Plan: Lies within the boundaries of the Consolidated Easter property is appropriate for offices, warehouses and research and development uses and light manufacturing. Area Development Trends: n Area Plan which suggests the light industrial uses, including Properties to the north are zoned General Industrial (I-2) with Conditional Use Planned Development as part of a planned industrial technology park Development Standards: The request property lies within an Emerging Growth District Area. The Zoning Ordinance specifically addresses access, landscaping, setbacks, parking, signs, buffers, utilities and screening. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. Any new development of the request property will be subj ect to these Ordinance standards. CONCLUSION while the proposed zoning and land uses conform to the Consolidated Eastern Area Plan which suggests the property is appropriate for light industrial use, the proposal fails to preclude access to North Enon Church Road and provide customary road improvements, as discussed herein. 5 09SN0114-NOV19-BOS-RPT CASE HISTORY Planning Commission Meeting (10/21/08): The applicant did not accept the recommendation. There was no opposition present. Mr. Hassen expressed concerns that the proposal failed to preclude access to North Enon Church Road and to guarantee construction of turn lanes, as suggested by Staff. Mr. Hassen indicated his preference was to defer the case to address these issues; however, the applicant had indicated that they were not in a position to provide access limitations and turn lanes. Therefore, a deferral would not be of benefit. Mr. Waller stated he was also concerned about the lack of turn lanes. On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended enia . AYES: Messrs. Bass, Brown, Hassen and Waller. ABSENT: Mr. Gulley. The Board of Supervisors, on Wednesday, November 19, 2008, beginning at 6:30 p.m., will take under consideration this request. 6 09SN0114-NOV19-BOS-RPT ~ j I 1 l l `• ~ ~ ~ ~ ~• ~ Q •~ ~ t ~_ ~ ~~ --~-~ ~~~ ~. o ~ ~ :::::::::::::::::::.. H N ` ~ ~ , , ~ ........................... 1 ~ ........................... ~ ~ j .::::::::::::::::::::::::: \ Q .....::::::::::::::::::::~ 1 ~1 :::::............::::::::: ~ 1 :::::: r _ _ ~j :::::::::::::::::::::::::: ~ f ......:::::::::: ~~~ aj ~ 2 ~ J N J1 ~ _ _ ~ ! j ~ .~ I ~ ~ ~ ~ _ ~~ o Q ~~_ i~ J ~ / ~ ~ ~ ~ ~ Qi _• ~ ~ ~ ~ ~ i ~~ ~~ _ i Q -~ ~ ~ f j / ~ ~ ~ ' / 1 N ~ / O ~~~ ^~~~ ~ ~ ~ ~ ~ Q s ~ ~~~ ~ O N 6Z. , ~,~ ~ IN . ~ Z 1 , ~ N ~ ~~ ~ .. 1 ;~ , ~ :: l o I~ ~ t ~ / ~ ,/ /~ o\~ ~ U r r ~~ ~ W ~., ~ ~~ ~ ~ t N ~ / () ~ ~ ~. , y _~ , Q .I w i z cn ~ 1 ~ ~ 1 o ~ cfl Q N V ~~ i _J Q °o 0