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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0114
2 Enon LLC
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December 17, 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.
(NOTE: PROFFERED CONDITION 4 WAS SUBMITTED SINCE THE COMMISSION' S
CONSIDERATION OF THIS CASE.)
PLANNING COMMISSION RECOMMEDNATION
RECOMMEND DENIAL.
AYES: MESSRS. BASS, BROWN, HASSEN AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Proffered Condition 4 has been submitted to address concerns of the Transportation Department
relative to access to North Enon Church Road and customary road improvements. Because this
additional proffer was submitted since the Commission's consideration of the request, Staff
recommends the application be remanded. However, should the Board wish to consider this
request, approval and acceptance of the proffered conditions would be appropriate for the following
reasons:
A. The proposed zoning and land uses conform to the Consolidated Eastern Area
Plan which suggests the property is appropriate for light industrial use.
Providing a FIRST CHOICE community through excellence in public service
B. Proffered conditions limit access to North Enon Church Road and require
customary road improvements which address concerns of the Transportation
Department.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OwNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFFICPC" WERE AGREED UPON BY BOTH STAFF AND THE
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
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.
(STAFF/CPC) 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)
(STAFF/CPC) 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)
(STAFF/CPC) 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)
(STAFF) 4. Direct vehicular access from the property to North Enon Church
Road shall be limited to one (1) entrance/exit generally located as
shown on the attached Exhibit A. The exact location of this access
shall be approved by the Transportation Department. If during site
plan review an alternative access location is requested by the
owner, nothing herein shall prohibit an alternative access location
as long as the owner, Transportation Department, and VDOT agree
2 09SN0114-DEC17-BOS-RPT
to such change. Prior to any site plan approval, an access
easement, acceptable to the Transportation Department, shall be
recorded from North Enon Church Road to the adj acent property to
the south.
In conjunction with the initial development of the property, the
developer shall construct right and left turn lanes along North Enon
Church Road at the approved access and dedicate, free and
unrestricted, to and for the benefit of Chesterfield County, any
additional right-of way (or easements) required for these
improvements. In the event the developer is unable to acquire any
"off site" right-of way that is necessary for these improvements,
the developer may request, in writing, that the County acquire such
right-of way as a public road improvement. All costs associated
with the acquisition of the right-of way shall be borne by the
developer. In the event the County chooses not to assist the
developer in acquisition of the "off site" right-of way, the
developer shall be relieved of the obligation to acquire the "off
site" right-of way and shall provide the road improvements within
available right-of way as determined by the Transportation
Department. (T)
GENERAL INFORMATION
T,~cati~n:
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
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
3 09SN0114-DEC17-BOS-RPT
T ITTT ,TTTF,~
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 System:
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.
PUBLIC FACILITIES
Fire Service:
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.
4 09SN0114-DEC17-BOS-RPT
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 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)
Traffic along North Enon Church Road is anticipated to increase dramatically with
development of the Meadowville Technology Park to the north. Access to major
arterials, such as North Enon Church Road, should be controlled to reduce conflict points
and decrease the potential for accidents. Proffered Condition 4 limits vehicular access to
North Enon Church Road to one (1) entrance/exit. This access will be shared with the
adj acent property to the south.
The traffic impact of this development should be addressed. Proffered Condition 4
requires construction of right and left turn lanes at this access in conjunction with the
initial development on the property. If the main access to the property is provided via
Bermuda Hundred Road instead of North Enon Church Road, then the turn lanes will be
required at the intersection of those two (2) roadways. If the main access is provided
from North Enon Church Road, then the turn lanes will be required at that entrancelexit.
According to Proffered Condition 4, if the developer is unable to acquire any right of way
required for these improvements, the developer may request the county to acquire the
right-of way as a public road improvement. If the county chooses not to assist with the
right-of way acquisition, the developer will not be obligated to acquire the off site right-
of way and will only be obligated to construct road improvements within available right-
of way. There are no public projects in this area currently included in the VDOT Six-
Year Improvement Program.
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
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
5 09SN0114-DEC17-BOS-RPT
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 proffered to limit access to North Enon Church Road and
provide customary road improvements, in addition to the commitment to dedicate right of
way, the Transportation Department supports the request.
T A I~TTI T TCF
Comprehensive Plan:
Lies within the boundaries of 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.
Area Development Trends:
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
The proposed zoning and land uses conform to the Consolidated Eastern Area Plan which
suggests the property is appropriate for light industrial use.
limit access to North Enon Church Road and provide
discussed herein.
In addition, the proffered conditions
customary roa improvements, as
Given these considerations, approval of this request is recommended.
6 09SN0114-DEC17-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.
Applicant (11/13/08):
An additional proffered condition was submitted.
Board of Supervisors (11/19/08):
Mrs. Jaeckle stated that even though the additional proffer was submitted since the
Commission's consideration of the case, she felt it was not necessary to remand the case
since the proffer directly addresses the Commission's concerns relative to access and turn
lanes.
The Board expressed concerns that the additional proffer was submitted after the case
was a vertise .
On their own motion, the Board deferred this case to their December 17, 2008 meeting.
The Board of Supervisors, on Wednesday, December 17, 2008, beginning at 6:30 p.m., will take
under consideration this request.
7 09SN0114-DEC17-BOS-RPT
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