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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0136
EOR, LLC.
February 25, 2009 BS
Bermuda Magisterial District
South of Carver Heights Drive and South Chalkley Road Intersection
REQUEST: Rezoning from Agricultural (A) to General Industrial (I-2).
PROPOSED LAND USE:
Industrial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL.
STAFF RECOMMENDATION
Recommend approval for the following reason:
While the Southern and Western Area Plan suggests the property is appropriate for
residential use of 1-5 acre lots, suited to R-88 zoning, the proposed zoning and land uses
are representative of, and compatible with, existing and anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS.)
GENERAL INFORMATION
Location:
South of the Carver Heights Drive and South Chalkley Road intersection. Tax IDs 779-650-
4856and 5029.
Providing a FIRST CHOICE community through excellence in public service
Existin.~g:
A with Conditional Use to allow a hydroseeding and landscaping business and a
communications tower.
Size:
5.3 acres
Existing Land Use:
Industrial
Adjacent Zoning and Land Use:
North and East - A; Vacant
South - A; Closed County landfill
West - A; with Conditional Use; construction -demolition debris landfill
T TTTT .TTTF C
Public Water System:
The request site is within the Courthouse Water Pressure Zone. There is an existing eight
(8) inch water line extending along Carver Heights Drive from which a two (2) inch
water line extends along Nena Grove Lane and terminates adjacent to the northern
boundary of this site. Current fire protection would appear to be inadequate with the
closest fire hydrant being at the intersection of Carver Heights Drive and Nena Grove
Lane approximately 1,000 feet north of the site. Further development of this site will
require replacement of the existing two (2) inch water line with an eight (8) inch line and
placement of a fire hydrant adjacent on-site. Use of the public water system is required
by County Code.
Public Wastewater System:
The request site is within the lower Swift Creek Sewer Service Area. The public
wastewater system is not available and no plans exist to extend the public wastewater
system to this portion of the service area. The request site is within the Southern and
Western Plan Area, which requires use of the public wastewater system. Provision is
made in the County Code whereby the applicant may pursue from the Planning
Commission a waiver of the mandatory use of the public wastewater system. In
consideration of whether to grant an exception, the Planning Commission must find:
1. The use of an on-site disposal system will not adversely affect the ability
to extend public sewer to other property.
2 09SN0136-FEB25-BOS-RPT
2. The use of an on-site disposal system will not encourage future
development that is inconsistent with the comprehensive plan; and
3. The use of an on-site disposal septic system is not reasonably likely to
adversely affect the public health, safety, or welfare.
Private Wastewater S,, sue:
Should the applicant obtain a waiver to the mandatory connection to the public
wastewater system, the Health Department must approve any new septic system, or
expanded usage of any existing septic system.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the north and then under Nina Grove Lane to tributaries of
Swift Creek. There are currently no known on- or off site drainage or erosion problems and
none are anticipated after development.
PUBLIC FACILITIES
Fire ~ervice~
The Chester Fire Station, Company 1, currently provides fire protection and emergency
medical service (EMS). This request will have a minimal impact on Fire and EMS.
Transportation:
This request will have a similar traffic impact as the previously approved Conditional
Use (80SN006).
The Thoroughfare Plan identifies a proposed north/south major arterial ("South Chalkley
Road Extended"), with a recommended right-of way width of ninety (90) feet, from
Carver Heights Drive to Bradley Bridge Road. The proposed alignment of South
Chalkley Road Extended is located just east of the property. Staff recommends shifting
this alignment east, as shots on Exhibit A, to avoid the existing development on the
property and minimize the impacts to the Chester Landfill. Shifting the road to the east
would also locate it on land that is already owned by the county. The majority of the land
required to construct South Chalkley Road Extended is county-owned; therefore, it will
probably have to be completed as a public project. Staff has not evaluated the feasibility
of constructing South Chalkley Road Extended from Carver Heights Drive to Bradley
Bridge Road.
3 09SN0136-FEB25-BOS-RPT
T ,ANn T 1CF,
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning.
Area Development Trends:
The area is characterized by heavy industrial type uses. Specifically, the subject properties
have been occupied for a number of years by a landscaping and hydroseeding business with
adjacent properties to the south and west occupied by land filled activities. While the
Southern and Western Area Plan suggests residential development for the area, given the
past land use activities and the environmental constraints, such land use is inappropriate.
Zonin H.~X:
The northern parcel has been occupied since 1976 by a hydroseeding and landscaping
business through Conditional Uses (Cases 76SN003 and 80SN006). In 1980, the
southern parcel was included in Case 80SN006 to allow expansion of the business. On
January 22, 1997, a Conditional Use was granted to allow a 185 foot communications
tower on the southern parcel. That tower was never constructed.
Development Standards:
The request properties lie within an Emerging Growth District Area. The standards address
architectural treatment, setbacks, parking, signs, buffers and screening. The purpose of the
Emerging Growth District standards is to promote high quality, well-designed projects. Any
new development must conform to these standards.
CONCLUSION
While the proposed zoning and land do not conform to the Southern and Western Area Plan which
suggests the property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning, the
proposed zoning and land uses are representative of, and compatible with, existing and
anticipated area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (Ol/20/09):
The applicant accepted the recommendation. There was no opposition present.
4 09SN0136-FEB25-BOS-RPT
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, February 25, 2009, beginning at 6:30 p.m., will take
under consideration this request.
5 09SN0136-FEB25-BOS-RPT
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CARVER HEIGHTS DR
09SN0136
SUGGESTED REALIGNMENT
APPROXIMATE LOCATION
OF CHESTER LANDFILL
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