14SN0501CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0501
James H. Martin, Jr.
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October 23, 2013 BS
Bermuda Magisterial District
Off the southern terminus of Continental Boulevard
REQUEST: Rezoning from General Business (GS) to Agricultural (A) with conditional use to
permit a cemetery.
PROPOSED LAND USE:
A cemetery is planned. In addition, the request would continue to accommodate
public park facilities, should development of a publicly operated park commence on
adjoining property to the south.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSRS. BROWN, WALLIN, PATTON AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reason:
While the Comprehensive Plan suggests the property is appropriate for Industrial use, the
request property is bordered by substantial environmental features and a limited access
highway thereby minimizing the impact of the proposed cemetery use on existing and
anticipated area industrial development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH
STAFF AND THE COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITIONS
(STAFF/CPC) 1. Permitted uses shall be limited to the following:
a. Cemetery;
b. Publicly operated parks, playgrounds and athletic fields,
including their customary buildings and facilities. Public and
private forests, wildlife preserves and conservation areas. (P)
(STAFF NOTE: No other pernutted uses by right or uses pernutted
with certain restrictions of the Agricultural (A) zoning district shall
be pernutted on the request property.)
(STAFF/CPC) 2. Timber management, for the purpose of enhancing the health and
viability of the forest, shall occur under the supervision of a qualified
forester, and will only be allowed upon the subnussion and approval
of the appropriate forest management plan to include, but not limited
tq erosion control, Chesapeake Bay Act/wetland restrictions, and the
issuance of a land disturbance pernut by the Environmental
Engineering Department. Any other timbering shall be incorporated
into the site development erosion and sediment control plan/narrative
as the initial phase of infrastnicture constriction and will not
commence until the issuance of the acnial site development land
disnirbance permit. (EE)
(STAFF/CPC) 3. Those portions of the property generally located at elevation fifty-
five (55) feet and below shall remain in their nahiral, undishirbed
state to the maximum extent practicable. The acnial portion of the
project subject to this restriction will be deternuned at the time of site
plan review in collaboration with the Environmental Engineering
Department. (EE)
(STAFF/CPC) 4. Except where those requirements for the Agriculnral (A) District are
more restrictive, development shall conform to the requirements of
the Zoning Ordinance for Corporate Office (O-2) uses in Emerging
Growth District areas. (P)
GENERAL INFORMATION
Location:
The request property is located off the southern terminus of Continental Boulevard, south
of Touchstone Road. Tax ID 805-635-7512.
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Existing Zonin
GS
Size:
7 acres
Existing Land Use:
Vacant
Adj acent Zoning and Land Use:
North and East - I-2; Industrial
South - G5; Vacant (Swift Creek Conservation Area)
West - I-2 with conditional use planned development; Commercial
UTILITIES
Public Water and Wastewater Systems:
The proposed use will not impact the public water and wastewater systems.
ENVIRONMENTAL
Drainage and Erosion:
The subject property is a high, flat plateau, surrounded by steep and deep ravines with no
apparent access and which drains into the tidal Swift Creek. Access to this property would
involve large quantities of earth work on the adjacent, offsite Hill Phoenix property. Offsite
access easements would be required.
If the access is deternuned to come off of Continental Boulevard, through the existing right-
of-way of Touchstone Road, a state maintained road would need to be implemented or a
privately maintained access road to the cemetery from that point, through Hill Phoenix
would be acceptable if the right-of--way for Touchstone Road were vacated.
The site is heavily wooded and should remain as such until the time of the issuance for a
land distLirbance pernut for the conversion of the area to a cemetery that will be
accomplished through Proffered Condition 2. The southeast portion of the subject property
is occupied by extremely steep slopes. These slopes generally begin at the contour elevation
of fifty-five (55) feet. The applicant has agreed to proffer that development of the cemetery
below the fifty-five (55) foot contour shall remain in its natural, undisturbed state to the
maximum extent practicable. The actual portion of the project subject to this restriction will
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be deternuned at the time of site plan review in collaboration with the Environmental
Engineering Department. (Proffered Condition 3)
There is a small degree of RPA encroachment which must be verified by the Resource
Protection Area deternunation process submitted to and approved by the Water Quality
Section of the Environmental Engineering Department prior to the submission of a site plan.
PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station, Company Number 14, and Bensley-Bermuda Volunteer
Rescue Squad currently provide fire protection and emergency medical service (EMS). This
request will have a nunimal impact on Fire and EMS.
County Department of Transportation:
This request will have no impact on these facilities.
Virginia Department of Transportation (VDOT):
The proposed cemetery site is near the end of local streets. A commercial entrance(s) will be
evaluated at time of site plan subnuttal. The commercial entrance(s) shall conform to the
access management requirements for a local street with the suitable commercial entrance(s)
built in accordance to the VDOT Road Design Manual, Appendix F guidance.
LAND USE
Comprehensive Plan:
The Comprehensive Plan designates the request property for Industrial where moderate to
intense manufacturing uses are appropriate.
Area Development Trends:
Surrounding properties are zoned General Industrial (I-2) and General Business (GS) and
are occupied by either industrial or commercial uses. Properties to the south of the request
site remain vacant. It is anticipated that industrial development will continue to the north,
east and west with conservation recreation areas being developed to the south, as suggested
by the Plan.
Zoning History:
On April 26, 1989 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved General Industrial (M-2) zoning on a portion of the
subject property as well as on adjacent property to the northwest (Case 89SN0208). With
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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.
On June 23, 2010 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning of the request property and adjoining property
totaling 51.7 acres from Agricultural (A) and General Industrial (I-2) to General Business
(C-5) (Case lOSN0213). Conditions of approval addressed use restrictions, utility
connections, and timbering.
On September 22, 2010 the Board of Supervisors affirmed the Planning Commission's
approval of the substantial accord determination for the subject property as well as
adjacent property totaling 543.7 acres to permit a public park known as the "Swift Creels
Conservation Area" (Case llPDOllO). Conditions of approval outlined development
standards for the portion of the request property zoned Agricultural (A) to conform to the
requirements of the Zoning Ordinance for Corporate Office (O-2) Districts in Emerging
Growth Areas, except where those requirements for the Agricultural (A) District are more
restrictive.
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. Agricultural
(A) property is not bound by Emerging Growth District standards. A condition is offered
which will require development of the property to conform to these requirements of the
Zoning Ordinance except where more restrictive Agricultural (A) District standards exist
(Proffered Condition 4). These requirements specifically address 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 to
the development of the request property.
Uses:
The applicant proposes a cemetery use for the request property. Prior to its operation, site
plan review and approval will be required to address access, parking and the site layout of
the cemetery. As previously noted, the request property as well as adjacent property to the
south obtained substantial accord approval for a special purpose park known as the Swift
Creek Conservation Area in 2010 (Case llPDOllO). As such, the applicant proposes to
retain use of the property for a publicly operated park and associated facilities to include
public and private forests, wildlife preserves and conservation areas.
CONCLUSION
Environmental features and infrastnicture improvements located around the periphery of the
request property will provide adequate separation between the proposed uses and area industrial
properties, minimizing impacts on existing and anticipated area industrial uses.
14SN0~01-20130CT23-BOS-RPT
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/17/13):
The applicant accepted the recommendation. There was no opposition present.
Mr. Patton noted that a community meeting was held for the request and that no
opposition was present. He also stated that the site is bounded by unique features and the
use will not adversely impact existing development.
On motion of Mr. Patton, seconded by Dr. Wallin, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Wallin, Patton and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, October 23, 2013 beginning at 6:30 p.m., will take
under consideration this request.
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