10SN0213
May 18, 2010 CPC
June 23, 2010 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
10SN0213
JH Martin & Sons Contractors, Inc.
Bermuda Magisterial District
East line of Interstate 95
REQUEST: Rezoning from Agricultural (A) and General Industrial (I-2) to General Business
(C-5).
PROPOSED LAND USE:
Commercial uses, except as restricted by Proffered Condition 2, are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed zoning and land uses do not conform to the Consolidated Eastern
Area Plan which suggests the property is appropriate for light industrial use.
B. The proposed zoning and land uses are not 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. THE CONDITIONS
NOTED WITH ONLY A “CPC” ARE CONDITIONS RECOMMENDED BY THE
PLANNING COMMISSION.)
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PROFFERED CONDITIONS
The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the property under consideration will be
developed according to the following proffer if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not agreed to by the owners and
applicant, the proffer shall immediately be null and void and of no further force or effect.
(CPC) 1. Utilities. The public water and wastewater systems shall be utilized. (U)
(CPC) 2. Uses. The following uses shall be prohibited:
a. nursery schools and child or adult care centers and kindergartens;
b. massage clinics ;
c. kennels, commercial;
d. landfills;
e. halfway houses;
f. flea markets, indoor and outdoor;
g. outside runs for veterinary hospitals;
h. display sheds, garages, carports and houses sales including "shell"
houses sales;
i. adult businesses;
j. bondsman;
k. check cashing establishment;
l. occult sciences (includes fortune tellers, palmists, astrologists,
numerologists, clairvoyant, craniologist, phrenologist, card readers,
spiritual readers, tea leaf readers, prophets and psychics);
m. pawnbroker; and
n. travel trailer parks. (P)
(CPC) 3. Timbering. 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)
GENERAL INFORMATION
Location:
The property fronts the east line of Interstate 95, south of the Ruffin Mill Interchange.
Tax ID 807-632-Part of 0712.
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Existing Zoning:
A and I-2
Size:
51.7 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - I-2 with Conditional Use Planned Development; Industrial or vacant
South - A; Vacant and City of Colonial Heights
East - I-2 and A; Vacant and City of Colonial Heights
West - I-2; Vacant
UTILITIES
Public Water System:
The request site is located within the Dutch Gap/Bermuda pressure zone. There is a
twelve (12) inch water line extending along Continental Boulevard, approximately 700
feet from the site. An additional sixteen (16) inch water line is located to the north,
approximately 880 feet from the site. The applicant has proffered to use the public water
system. (Proffered Condition 1)
Public Wastewater System:
The 51.7 acre request site is located within the Ashton Creek sewer service area, and
adjacent to the Ruffin Mill Pump Station. The adjacent industrial park is served by two
(2) twelve (12) inch sewer lines which connect to the pump station. The applicant has
proffered to use the public wastewater system. (Proffered Condition 1)
A portion of the request site falls within three (3) existing sewer districts which were
established to fund the construction of the adjacent sewer lines, pump station and other
sewer system improvements within the Ruffin Mill Road industrial area. Nineteen (19)
acres of the request site are within the “Ruffin Mill Area Special Tax or Assessment
Sewer District,” for which the applicable assessment has been paid. Those nineteen (19)
acres are also within the “Ruffin Mill Road Area Subdivision and Development District”
and the “Ruffin Mill Road Area Subdivision and Development District II,” for which the
applicable cost share must be paid before or at the time that a building permit is issued
for the construction of any building or structure to be located on the request property.
The applicant has been advised as to the current unpaid balance.
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The remaining 32.7 acres of the request site was not included in the design of the existing
public sewer facilities, and was therefore not allocated capacity within the system. In
order to connect the 32.7 acres to the adjacent sewer lines and pump station, the applicant
will need to verify that those acres can be served by a gravity line extension from the
existing facilities, and that there is sufficient capacity within the existing facilities after
allowing for build-out of all properties within the three (3) sewer districts. This
verification will need to be provided to the Utilities Department prior to or in conjunction
with site plan submittal. If sufficient capacity is not available within the existing facilities
to support development of the remaining 32.7 acres, the applicant will need to
incorporate the necessary sewer system upgrades into the site plan for approval.
Upgrades could include improvements to the existing pump station, constructing parallel
gravity and force main lines, and improvements to downstream facilities, but construction
of a new pump station to only serve the 32.7 acres would not be permitted. Those system
upgrades would need to be completed prior to final occupancy of any buildings or
structures located on the request site.
ENVIRONMENTAL
Drainage and Erosion:
The portion of the request parcel for rezoning is a plateau approximately fifty (50) feet
above the Appomattox floodplain. Vast portions of the floodplains and surrounding
lowlands exhibit strong characteristics of wetlands. Due to the wetlands and floodplains
associated with the Appomattox River, access to the southern portion of the request area
appears to be hard to achieve.
The subject portion of the parcel is wooded and should not be timbered without obtaining
a land disturbance permit from the Department of Environmental Engineering (Proffered
Condition 3). This will ensure that adequate erosion control measures are in place prior to
any land disturbance.
There are no existing or anticipated on or offsite drainage problems. There are also no
onsite erosion problems and none are anticipated, provided only necessary storm drainage
or sanitary sewer structures are allowed on the existing steep slopes. The steep slopes
consist of moderate to highly erodible soils, upon which construction should be
minimized.
PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station, Company Number 14, and Bensley Volunteer Rescue Squad
currently provide fire protection and Emergency Medical Service (EMS). This request will
have a minimal impact on Fire and EMS. Fire Protection issues will be addressed at site
plan.
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County Department of Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. C-5 allows a wide range of land uses. Developing the
property as a shopping center could result in traffic generation of approximately 16,200
average daily trips. Developing the property for light industrial uses could result in traffic
generation of approximately 1,600 average daily trips. The property currently has limited
access, some restricting environmental features, and is irregularly shaped. With these
constraints, it is possible that the property will be developed for industrial uses with some
supported retail uses. Based on these assumptions, development on the property could
generate between 3,000 and 5,000 average daily trips. These vehicles will be distributed
along Ruffin Mill Road, which had a 2008 traffic count of 7,842 vehicles per day. The
capacity of this roadway is acceptable (Level of Service D) for the volume of traffic it
currently carries. No public road improvements in this part of the county are currently
included in the Six-Year Improvement Plan.
Development must adhere to the Development Standards Manual in the Zoning
Ordinance, relative to access and internal circulation (Division 5). At time of site plan
review, specific recommendations may be provided regarding access, internal site
circulation and required road improvements.
Virginia Department of Transportation (VDOT) “Chapter 527” regulations, dealing with
development Traffic Impact Analysis requirements, have been enacted. The applicant has
indicated that this request does not meet the thresholds that would require a Traffic
Impact Analysis to be submitted to VDOT.
Virginia Department of Transportation (VDOT):
Access to the site is not identified. All proposed connections to the state maintained right-
of-way are subject to meet Access Management Regulations (24VAC 30-73).
Any proposed modifications to existing state maintained facilities required as a result of
this proposal shall be the responsibility of the developer. All improvements within state
maintained right-of-way shall be designed and constructed in accordance with current
VDOT standards and specifications. Such plans should clearly show no adverse impact to
VDOT maintained right-of-way in terms of both geometrics and hydraulics.
The proposed work within the limited access right-of-way of Interstate I-95 (if any) shall
require special limited-access permit and detailed review of any site related construction
plans.
Trip generation and traffic volume distribution to and from the proposed development
and turn lane warrants are subject to review at time of site plan submission.
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The tenure of existing commercial entrance(s) is subject to revision based on use,
maintenance, and safety. Changes of use, such as increase of traffic may require
reevaluation of an entrance and possible upgrade.
LAND USE
Comprehensive Plan:
The property is located within the boundaries of the Consolidated Eastern Area Plan which
suggests the property is appropriate for light industrial use.
Area Development Trends:
Area properties are zoned and have been developed mostly for industrial uses. North from
the subject property, towards the Walthall interchange, the area is experiencing more
commercial development. Industrial development, as suggested by the Plan, is expected to
continue in the area of the subject property.
Zoning History:
On April 26, 1989, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved general industrial zoning on a portion of the subject
property as well as on adjacent property to the northwest (Case 89SN0208). With the
approval of Case 89SN0208 uses were limited primarily to those permitted in the light
and general industrial districts, with an exception granted to permit above-ground sewage
treatment plants. A prohibition on outdoor advertising signs was also approved.
Uses:
The applicant has agreed to restrict uses on the property (Proffered Condition 2). It
should be noted that several of these prohibited uses are only allowed by conditional use
in a C-5 district. The applicant’s intent with this proffer is to prohibit those uses, to the
extent that if a conditional use is later pursued to permit any of these uses the proffer
would also have to be amended.
Development Standards:
The property lies within an Emerging Growth District area. The purpose of Emerging
Growth District standards is to promote high quality, well-designed projects. The Zoning
Ordinance specifically addresses access, landscaping, architectural treatment, setbacks,
parking, signs, buffers, utilities and screening of developments within these areas. If this
request is approved, these standards would apply.
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CONCLUSION
The proposed zoning and land uses do not conform to the Consolidated Eastern Area Plan which
suggests the property is appropriate for light industrial use. In addition, the proposed zoning and
land uses are not representative of and compatible with existing and anticipated area
development.
Given these considerations, denial of this request is recommended.
______________________________________________________________________________
CASE HISTORY
______________________________________________________________________________
Planning Commission Meeting (5/18/10):
The applicant did not accept staff’s recommendation, but did accept the Planning
Commission’s recommendation.
Mr. Gulley asked for clarification on permitted industrial uses with the C-5 zoning.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
The Board of Supervisors, on Wednesday, June 23, 2010, beginning at 6:30 p.m., will take under
consideration this request.
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