03SN0193-FEB26.pdfFebruary 26, 2003 BS
STAFF,S
REQUEST ANALYSIS
AND
RECOMMENDATION
03SN0193
REQUEST:
EeoPower, L.L.C.
Dale Magisterial District
West 'line of Iron Bridge Road
Rezoning from General Business (C-5) to Agricultural (A) of 19.4 acres with
Conditional Use to permit General Business (C-5) uses on this property and a
power generation facility on this property and an adjacem 7.9 acre Agricultural (A)
tract.
PROPOSED LAND USE:
An electric power generation facility, as well as other industrial and commercial
uses, is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDmONS
ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed power generation facility use is in compliance with the Central A~ea
Plan which suggests the property is appropriate for general industrial use. While
the commercial uses are not in keeping with the recommendations of the Plan, such
uses are already permitted on that portion of the site where they are proposed.
Approval of the C-5 uses would allow the applicant to use a portion of the property
as he is currently allowed.
Providing a FIRST CHOICE Community Through.Excellence in Public Service.
Development requirements of the Zoning Ordinance and proffered conditions
further ensure the proposed development will have a' minimal adverse impact on
area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" 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 Owner and the Applicant (the "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
themselves and thtir successors or assigns, proffer that the development of.the 27.31 parcel (the
"Property") that is a part of the property known as GPIN County GPIN/Tax Identification Number
773 -648-0618 (Part of) under consideration will be developed according to the following conditions
if, and only if, the rezoning from C-5 to A and the requested conditional use permits are granted. In
the event the request is denied or approved with conditions not agreed to by the Applicant, the
proffers and conditions shall immediately be null and voi'd and of no further force or effect.
(STAFF/CPC) 1.
(STAFF/CPC) 2.
(STAFF/CPC) 3.
(STAFF/CPC) 4.
(STAFF/CPC) 5.
The plan entitled '~reliminary Sketch Plan: EeoPower, L.L.C.
Project, Quarry Road, Chesterfield County, Virginia" dated
November 7, 2002 and prepared by Resource International, LTD.~(the
"Plan") shall govern the location of uses permitted under the
conditional use permits applicable to this request. (P)
All of the Property (Tract 1 plus Tract 2, as shown on the Plan) shall
be permitted to be used for the construction, maintenance and
operation of a power geueration facility (the Facility). In addition,
Tract 1 (and only Tract 1 ) maybe used.for any uses permitted by right
or with restrictions in the C-5 zoning distfict~ (P)
Any C-5 use developed on Tract 1 shall be subject to the "Emerging
Growth Area" development standards required in sections 19-591 to
19-598 of the Chesterfield County Code. (P)
Public water and wastewater systems shall used in conjunction with
the Facility and the C-5 uses permitted on the Property. Cci)
Views of the Facility shall be minimized from public rights of way.
At the time of site plan review, the Applicant shall submit a plan to
the Planning Department showing how views of the Facility are to be
minimized from public rights of way (the "View Minimization
Plan"). The View Minimization Plan shall identify different methods
of minimizing views, including, but not limited to, preservation of
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existing vegetation on the Property, the installation ofberms, and/or
additional plantings, as approved by the Planning Department. In
addition, buildings or other structures in existence at thc time the
View Minimization Plan is submitted may be used as part of such
plan for minimizing views of the Facility. Any method approved as
part of the View Minimization Plan may be later deleted or altered at
the time of construction of a structure or structures on GPIN 773-648-
0618 (which includes the Property), if such structure or structures
continue to minimize views of the Facility from public rights of way,
as determined by the Planning Department. (P)
(STAFF/CPC)
With the exception of timbering which has been 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)
Prior to any final site plan approval for the Facility orfor any C-5 use
pennitted on the Property, one hundred (100) feet of right-of-way on
the west side of Iron Bridge Road (Route 10), as measured from the
centerline of that part of Route 10 immediately adjacent to the
Property where the Property fronts on Route 10, shall be dedicated,
free and unrestricted, to and for the benefit of Chesterfield County.
(T)
GENERAL INFORMATION
Location:
West line of Iron Bridge Road, south of Ironbridge Parkway. Tax ID 773-648-Part of
0618 (Sheet 25).
Existing Zoning:
A and C-5 with Conditional Use
Size:
27:3 acres
Existing Land Use:
Industrial and vacant
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Adjacent Zoning and Land Use:
North - C-5 with Conditional Use Planned Development; Industrial
South- A with Conditional Use and C-5; Sanitary landfill
East - C-2 with Conditional Use Planned Development and C-5; Industrial or vacant
West - A and I-3 with Conditional Use and C-5; Industrial or vacant
UTILITIES
Public Water System:
There is an existing thirty (30) inch water line extending along the east side of Lewis Road
and continuing west along the south side of Iron Bridge Road, adjacent to the request site.
Use of the public water system is intended and has been proffered. (Proffered Condition 4)
Public Wastewater System:
There is an existing twelve (12) inch wastewater trunk line extending along the northern
boundary of the request site, adjacent to Iron Bridge Road. Use of the public wastewater
system is intended and has been proffered. (Proffered Condition 4)
ENVIRONMENTAL
Drainage and Erosion:
The property drains west and ultimately into Swift Creek. There are no existing or
anticipated on- or off-site drainage or eroslonproblems. The property is partially wooded
and should not be timbered without first obtaining a land disturbance permit from the
Environmental Engineering Depaxmxent (Proffered Condition 6). This will ensure proper
erosion control measures are in place prior to any land disturbance.
PUBLIC FACILmES
Fire Service:
The Chester Fire Station, Company Number 1 and Bensley-Bermuda Volunteer Rescue
Squad currently provide fire protection and emergency medical service. When the property
is developed, the number of hydrants, quantity of water needed for fire protection and
access requirements will be evaluated during the plans review process.
Transpomfion:
The applicant has submitted a plan that subdivides the property into two (2) tracts; Tract 1
consisting of 19.4 acres and Tract 2 consisfmg of 7.91 acres. Tract 1 is currently zoned
General Business (C-5), and Tract 2 is zoned Agricultural (A). The applicant is requesting
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rezoning of Tract 1 from C:5 to A with the ability to develop all C-5 uses on that Tract,
and a Conditional Use on all of the property m allow the development of a power
generation facility. The proposed facility will access Iron Bridge Road (Route 10) via a
shared driveway, which currentiy serves a quarry operation located on the adjacent
property. Typical traffic generation information is not available for a power generation
facility. The applicant has indicated that two (2) employees will operate the facility with
occasional truck deliveries of fuel; approximately two (2) trucks per week. Therefore, the
request will have a minimal impact on the anticipated traffic generated by development of
the property.
The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right
of way width of 120 to 200 feet. The applicant has proffered to dedicate 100 feet of right
of way, measured from the centerline of Route 10, in accordance with that Plan.
(Proffered Condition 7)
Solid Waste Management:
The County's Solid Waste Management Division indicates that the proposed power
generation facility will provide a cleaner method of disposing of the methane gas generated
by the landfill than the current method of flaring the gas. Further, the production of
energy from this facility will lower the dependence on non-renewable resources.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests that the property ~s
appropriate for general industrial uses.
Area Development Trends:
Area development is characterized by industrial uses, a sanitary landfill and vacant
agricultural property. The Plan anticipates industrial uses continuing in this area for the
foreseeable future.
Zoning History:
On March 25, 1965, the Board of Supervisors approved a Use Permit to allow a quarry
and stone crushing plant (Case 65-6 U.P.). Case 65-6 U.P. was approved subject to a
condition that the operation be conducted as a bench type operation and go no lower than
the then current creek bed.
On April 13, 1966, the Board of Supervisors granted a Variance to the depth requirement
nnposed with the approval of Case 65-6 U.P.
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On May 28, 1997, the Board of Supervisors approved a Conditional Use m permit a
sanitary landfill. (Case 97SN0206)
Site Design:
The plan submitted with this request depicts the property divided into two (2) tracts of
development. Tract 2 contains approximately 7.9 acres and permits a power generation
facility. Tract 1 contains approximately 19.4 acres and permits General Commercial (C-
5) uses as Well as a power generation facility. (Proffered Conditions 1 and 2)
While the request property would not be subject to Emerging Growth District standards
due to the Agricultural (A) zoning, the applicant has agreed that any C-5 use developed on
Tract 1 will be subject to these requirements (Proffered Condition 3). The purpose of the
Emerging Growth District standards is to promote high quality, well-designed projects.
Redevelopment of or new construction on Tract 1 must conform to the requirements of the
Zoning Ordinance which address access, parking, landscaping, architectural treatment,
setbacks, signs, buffers, utilities and screening of dumpsters and loading areas.
The Emerging Growth District standards proffered by the applicant do not apply to the
proposed power generation facility, thereby not requir'mg that this facility be
architecturally compatible with the remainder of the development. To address staff
concerns relative to views of the power generation facility from public rights of way, the
applicant has proffered that such views will be minimized through the preservation of
existing vegetation, the installation of benns and/or landscape materials, existing
structures, or a combination thereof, as approvedby the Planning Department at the time
of site plan review. (Proffered Condition 5)
CONCLUSIONS
The proposed power generation facility use is in compliance with the Central Area Plan which
suggests the property is appropriate for general industrial use. While the commercial uses are not
in keeping with the recommendations of the Plan, such uses are already permitted on that portion
of the site where they are proposed. Approval of the C-5 uses would allow the applicant to use a
portion of the property as currently permitted. In addition, developmem requirements of the
Zoning Ordinance and proffered conditions further ensure the proposed developmem will have
minimal adverse impact on area development.
Given these considerations, approval of this request is recommended.
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CASE HISTORY
Planning Commission Meeting (1/21/03):
The applicant accepted staWs recommendation. There was no opposition present.
On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recommended approval
of this re_quest and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 26, 2003, beginning at 7:00 p.m., will take under
consideration this request.
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