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91SN01153annary-~5;-~99~-EP~ February 27, 1991BS REQUEST ANALYSIS AND RECOMMENDATION 91SN0115 Appomattox Trust Bermuda Magisterial District North and south lines of Touchstone Road REQUEST: Amendment to Conditional Use Planned Development (Case 87S174) to permit a borrow pit in a General Industrial (M-2) District. PROPOSED LAND USE: A borrow pit, within an existing industrial park, is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO CONDITION 1 ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed borrow pit conforms to the Ruffin Mill Plannin~ Area Land Use and Transportation Plan, which designates the request property and surrounding area for industrial use. The proposed borrow pit would be compatible with area industrial development trends. The development standards of the Zoning Ordinance and recommended conditions further ensure land use compatibility with existing and future area industrial development, ensure that the site is ultimately reclaimed, and ensure that any significant artifacts that may exist on-site will be preserved. (NOTE: THE CONDITIONS NOTED WITH "STA]~F/CPC" WERE AGRE~ UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFf' ARE RECOMMENDED SOL~ BY STAi~. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDI~IONS RECOMM]~tID BY TIlE PLANNING COMMISSION.) CONDITIONS (STAFF) 1. The following uses shall be permitted: Quarrying and mining, subject to Section 21.1-195 (b) of the Zoning Ordinance. (P) (NOTE: These uses are in addition to the uses permitted by Condition 8 of case 87S174.) (cpc) The following uses shall be permitted for a period not to exceed ten (10) years from the date of approval of this amendment: Quarrying and mining, subject to Section 21.1-195 (b) of the Zoning Ordinance. (CPC) (NOTE: These uses are in addition to the uses permitted by Condition 8 of Case 87S174.) (STAFf) In conjunction with site plan submission, a class 1 archaeological survey, prepared by a person acceptable to the Virginia Department of Historic Resources, shall be submitted to the Planning Department. If the survey reveals any significant finds, as determined by the Planning Department, based on Section 106 of the National Preservation Act, the site plan shall be taken to the Planning Commission for approval at which time conditions may be imposed to either protect significant finds or provide for their removal to an acceptable location. (P) (NOTES: a) These conditions are in addition to conditions of approval for Case 87S174. b) Ail conditions of zoning approval for Case 87S174 remain in effect. c) Prior to any land disturbance, a site plan must be submitted for review and approval.) GENERAL INFORMATION Location: North and south lines of Touchstone Road, east of Continental Boulevard. Tax Map 150-10 (1) Part of Parcel 3 (Sheet 42). Existing Zoning: M-2 with Conditional Use Planned Development Size: 36.46 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - M-2 with Conditional Use Planned Development; Vacant South - A; Vacant 2 91SN0115/PC/FEB27N East - M-2 with Conditional Use Planned Development; Yacant West - M-2 with Conditional Use Planned Development; Vacant PUBLIC FACILITIES Utilities: Water: The proposed borrow pit should not require the use of public water and wastewater services; however, conditions of zoning approval for Case 87S174 require the use of the public water and waStewater systems for any industrial use requiring these services. The request site lies within the Dutch Gap pressure zone and water is supplied by the Appomattox River Water Authority Treatment Plant. A twelve (12) inch water main is located on-site. The results of a computer-simulated flow test indicate that adequate flow and pressure should be available to supply the domestic and fire protection needs of any use requiring water. Wastewater: The request site lies within the Lower Swift Creek drainage basin and is served by the Proctors Creek Wastewater Treatment Plant. A twelve (12) inch wastewater trunk is located on-site. The results of a computer-simulated hydraulic analysis indicate that adequate capacity is available to support any use requiring sewerage. Drainage and Erosion: Drains directly into the Appomattox River. No existing or anticipated drainage or erosion problems. Off-site drainage easements and improvements may be required to accommodate this use. Prior to any land disturbance, a permit for land disturbance must be obtained. Further, development must comply with all requirements of the Erosion Control and Zoning Ordinances. Fire Service: Enon Fire Station, Company #6. The proposed land use will not generate additional need for fire protection services. Transportation: Traffic generation information is not available for a borrow pit. The majority of the traffic associated with a borrow pit is typically truck traffic. These vehicles will be distributed along Ruffin Mill Road, which had a 1990 traffic count of 962 vehicles per day. Due to the weight limitation on the Ruffin Mill Bridge which crosses Ashton Creek, truck traffic will not be permitted to the north. Depending on their destination, trucks will access towards 1-95 via Touchstone Road, Continental Boulevard and Ruffin Mill Road. Ail three (3) of these roads 3 91SN0115/PC/FEB27N were recently constructedJreconstructed with the use of industrial access funds. The borrow pit is anticipated to have a similar traffic impact as land uses permitted in the existing M-2 zoning; therefore, a cash proffer for off-site road improvements has not been requested. LAND USE General Plan: Lies within the boundaries of the Ruffin Mill Planning Area Land Use and Transportation Plan, which designates the property for industrial use. Area Development Trends: Properties to the north, east and west are zoned industrially and have been developed for industrial uses or are vacant (Appomattox Industrial Center). Property to the south is zoned agriculturally and is vacant. Zoning History: On November 25, 1987, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning to General Industrial (M-2) with Conditional Use Planned Development on the request property and surrounding area to the north, east and west (Case 87S174). Use exceptions, to permit above-ground utilities, and setback exceptions for permitted industrial uses were granted with the approval of Case 87S174. Site Design: The proposed borrowing operation is intended to grade the request property for use as a future industrial site. To this end, the existing irregular topography will be leveled and graded to facilitate future uses. Imposition of Condition 1 would require that the borrowing operation comply with the requirements of the Zoning Ordinance for such use. Specifically, the following would apply to borrowing operations on the request property: (1) The excavations shall be confined to areas at least 100 feet from any agricultural district; (2) The excavations shall be confined to areas at least 200 feet from the right of way lines of any existing or platted street, road or highway; except, that where the ground level is higher than the road, the Director of Planning may permit excavations down to the road level; (3) Any building containing power-driven or power-producing machinery or equipment shall be at least 600 feet from all adjacent property in any agricultural districts or the right of way lines of any existing or platted street, road or highway; 4 91SN0115/PC/FEB27N (4) Ail roadways on and all vehicular entrances and exits from the premises on which such operations are conducted to any public roads shall be located to secure public safety, lessen congestion and facilitate transportation, and shall be so maintained as to eliminate any nuisance from dust to neighboring properties; (5) (6) Ail equipment used for the production or transportation of materials shall be constructed, maintained and operated in such a manner as to eliminate as far as practicable noises, vibrations or dust which constitute a nuisance. Processing areas shall be maintained in the safest practicable condition at all times. In no case shall permitted processing menace the physical safety of persons or property on public streets or adjoining properties. The access road to the processing area shall be fenced and closed to unauthorized traffic by a gate. The boundary lines of the property wherein such processing is permitted shall be posted at intervals not in excess of 200 feet with signs warning against the dangerous operation being conducted on the premises; A plan of operation shall be submitted to, and approved by, the Director of Planning which shall provide in all respects for the adequate safe-guarding and protection of other nearby interest and the general public health, safety, convenience, prosperity and welfare and which shall include a satisfactory plan and program showing, by contour maps and otherwise, how the land is to be restored to a safe, stable and usable condition by regrading, drainage, planting or other suitable treatment so that it will resist erosion and conform substantially with adjacent land characteristics; (7) Whenever the operation shall have ceased for any period exceeding twelve (12) consecutive months, then all plants, buildings, structures (except fences), stockpiles and equipment shall be entirely removed from the premises, and the premises shall be restored as required herein; and (8) A bond with approved surety in such amount as the Director of Planning may determine, shall be furnished prior to undertaking any work under the permit guaranteeing the faithful performance of all the applicable requirements of the Zoning Ordinance. It should be noted that these requirements are in addition to the requirements outlined in the conditions of zoning approval for Case 87S174 relative to buffers. Buffers & Screening: With the approval of Case 87S174, the following conditions were imposed requiring a buffer along the Appomattox River and preservation of the natural state of the floodplain: A 100 foot buffer for Light Industrial (M-i) uses and a 200 foot buffer for General Industrial (M-2) uses shall be maintained 5 91SN0115/PC/FEB27N adjacent to residentially zoned property. A fifty (50) foot buffer shall be maintained adjacent to the Swift Creek and Appomattox River floodplains. No buildings, driveways, parking, or other facilities shall be permitted within these buffers. Public roads, water related transportation facilities (i.e., docks, etc.), and utilities may be permitted generally perpendicular through these buffers upon approval of the Planning and Transportation Departments at the time of schematic plan review. At the time of schematic plan review for each individual parcel or lot which abuts the buffer, a conceptual landscaping plan shall be submitted to the Planning Department for approval. The conceptual landscaping plan shall include the general location of existing vegetative screening and buffers, and extent of planting within the buffers. A detailed landscaping plan shall be submitted to the Planning Department for review and approval within ninety (90) days after rough clearing and grading of each site. In cases where substantial completion of rough grading is not complete at the date of this submission, an appropriate extension may be granted by the Planning Department. This condition may be modified by the Planning Department at the time of schematic plan review if adjacent property has been zoned for a similar use. The floodplains along Ashton Creek, Swift Creek, and the Appomattox River shall be maintained in a natural state and there shall be no clearing, grading, filling, or any facilities permitted within these floodplains. This condition may be modified by the Planning and Environmental Engineering Departments to permit necessary utility uses and water related transportation facilities (i.e., docks, etc.). The borrowing operation must comply with these requirements. Conclusions: The proposed borrow pit conforms to the Ruffin Mill Planning Area Land Use and Transportation Plan~ which designates the request property and surrounding area for industrial use, and is compatible with area industrial development trends. Further, the proposed use will result in a site which is more suitable for industrial development. The development standards of the Zoning Ordinance and recommended conditions ensure land use compatibility, and reclamation. Further, any significant artifacts that may exist on-site will be preserved (Conditions 1 and 2). Therefore, approval would be appropriate. CASE HISTORY Planning Commission Meeting (1/15/91): The applicant did not accept Condition 2, as recommended by Planning staff, requiring an archaeological survey. Concern was expressed relative to the 6 91SN0115/PC/FEB27N cost of such a survey and the impact on the future development of the property should there be any significant finds. Concern was also expressed that such a condition was not imposed on the original zoning of the subject property and surrounding area. Mr. Perkins indicated that similar conditions have been imposed on other developments in the eastern area of the County. He indicated that there are many Colonial and Indian sites which have not yet been located and the County should make efforts to insure that these sites are located. One (1) person was present in support of the archaeological survey. suggestion was also made to place a time limitation on the borrow pit. A Mr. Perkins made a motion to approve the request, subject to Condition 1 limiting the use to a period of ten (10) years and Condition 2 requiring an archaeological survey. His motion was seconded by Mr. Warren. A vote was taken on Mr. Perkins' motion and it was as follows: AYES: Messrs. Perkins and Warren. NAYS: Mr. Belcher and Mrs. Boisineau. ABSTAIN: Mr. Miller. Due to a lack of a majority vote, the motion failed. Mr. Perkins then offered a substitute motion. On motion of Mr. Perkins, seconded by Mr. Warren, the Commission recommended approval of this request, subject to Condition 1 on page 2. AYES: Unanimous. The Board of Supervisors on Wednesday, February 27, 1991, beginning at 2:00 p.m., will take under consideration this request. 7 91SN0115/PC/FEB27N NI-I i _ t I ! J // I , I /' I. ! / I // ,/,1 z I I I / I ! iI I qlsNOIl~-I ZONING DISCLOSURE AFFIDAVIT Oliver D. Rudy do hereby swear or affirm that to the best of my knowledge and belief, the follow~u~ information is true: 1. I am the applicant for the land use amendment on parcel number 3 of tax map number 150-!0-(1) requestin~ amendment to existing M-2 CUPD 2. 'With the exception of ~overnmental entit~es and public serw/ce companies owuiu~ . recorded easements over the property (the "Subject Property") wh/ch is the sub,oct of the land use amendment application referred to in Para~-~at~h I, the follow~_u~ is a list of the names a~d addresses of all persons ownin~ any Ie~s/ or equ/tabl~ interest in the Subject Propert~ as a l~tle owner, lessee, easement owner, contract purchaser, assn,'nee, o!~tionee. l~censee or noteholder, inctudin~ trustees, beneficiaries of trusts, ~ener~I partners, limited partners and ail other natural or artf. fic/al I~ersons: Name Address See attached list. Type of Ownersh/? Interest 3. The fohlowin~' /s a list of the names ~nd addresses of ~ nstur~ o~ ~i~ci~ persons ownin¢ an interest in ~y corpora~on, partnership, ~oint 'venture, trus: or other ~fici~ person disclosed ~ Para.apb 2 (other ~han ~ose ~s~ed ~ Paragraph 6 or Para.apb 7 below) which has a to~ of ten or fewer shareholders, partners, benefici~es or owners: Name Address Name of Arti~ci~ Person (a) Stockholders of G. L. Howard, Inc. 1. G. L. Howard RockviiZe, ~ 2314d 2. William E. Howard Rockvi!le. VA 23146 3. Lyndale Howard Jones Route l, Box 1035, Rockville, VA 23146 4. catherineAnn Howard 2711 Main Sail Court, Richmond, VA 23233 (b) Stockholders of McLane Construction Company 2036 Botetourt Court Richmond, VA 23220 (c) Beneficiaries of Pension and Profit Sharing Plan of Hopewell Orthopedic Center, Inc.: 1. Ellen C. W£1gt~u 3604-B Portsmouth Street HQpewe!l, VA 23860 2. Judy C..Key .... 1620 Peachtree Drive Hopewelt, VA 23860 3. Debra M. Picardat 1725~ B~=~ld~_~ 5r!dge ~oad Colonial Heights, VA 23834 4. C .... .,. C ...... 1048 Briarcliffe Drive 5. Gayle S. Clark Rt. lz Box 216A 2507 Norfolk Street 7 ,~a~ c'v C C!~rk 2231 Carroll Avenue Petersburg. t VA 23803 8. Dr. Gu~al S. Bhuller 14713 Green Forest Drive Colznia! Z!ai~hta, %~A 22034 9. Dr. Baljit S. Si~u Colonial Heights, VA 23834 Stony Creek, VA 23882 -2- SM/nwp4770: N27 Answer to ~2. G. L. ~oward, Inc. P-O.Drawer A Rockville, VA 23146 J- ~- Martin 6001 Satinwood Drive Richmond, VA 23234 George p. Emerson, Jr. 200 River's Bend Circle. Chester, VA 23831 James T. Waddill, IV 10913 Chalkley Road Chester, VA 23831 Baljit S. Sidhu 14200 Cross ~aven Court Colonial ~eights, VA 23834 Gurpal $. Bhuller 14713 Green Forest Drive Colonial ~eights, WA 23834 Richard M. Castlebury Castle Equipment Corporation 2000 Bel!wood Road Richmond, VA 23234 McLane Construction Company c/o J. Alvin Collins 2036 Botetourt Street Richmond, VA 23220 Baljit S. Sidhu & Gurpal S. Bhuller, Trustees for the Pension and Profit Sharing Plan of Hopewei1 Orthopedic Center, Inc. 4. The following is a list of the names and addresses of all natured or artificial persons owning 10% or more of any class of sZock issued by a 'corporation or an interest of 10% or more in any partnership, joint venture, trust or other arldficial person d~sclosed Lu Paragraph 2 (other than those l~sted in Paragraph $ or ? below): Name Address Not Aoolicab~ Name of CorporaTion -3- SM/nwp4770: N27 5. If any of the persons disclosed in Paragraphs 3 or 4 above is corporation, partnership, joint venture, trust or other az~iz~cial person, the 'following is a list of all members of the Board of Supervisors of Chesterf~eld County, the Chesterfield County Plannin~ Commission or theiz' immediate households owning any interest in the Subject Property as a title owner, easement owner, contract purchaser, lessee, assignee, opt'ionee or Licensee either individua3.I¥ or by ownership of an interest in a corporation, partnership, joint venture or other artif~ciai person owning any such interest: Name of Household Name of Supervisor Member or Commissioner' Description of Ownership Interest Not Applicable -4- SM/nwp4770 :N27 $. I he.-'eby certify that the foIIow/ng cor~or=rions dis~osed in Paragraph 2 are re~u/art¥ traded on a stock exchange or in the over the 'counter market or have more than 100 shareholders: Not Applicable 7. I hereby ce~/fI that after the exerc~e of due ~ence, I have been unable to learn the identifies of the owners of the follow/ny corpora~/ons, p~rtuerskips, joint ventures, trusts or other arf. fi~ persons d~sctosed in P~ragraph 2: Not Applicable -5- S[VI/nwp4770: N27 8. ~f any of the persons disclosed in Paragraphs 3 or 4 above is a corporation, partnership, joint venture, trust or other ar~cial person, I "hereby certify that no member of the Board of Supe.~sors of Chesterfield County, the Chester~eld County Planning Commission or their immediate households, other than those Supervisors, Commissioners or household members nan:ed in Paragraph 5 above, owns any interest in the Subject Property as a title owner, easement owner, contract purchaser, lessee, assi~ee, optf. onee or licensee, either indi~dually or by ownership of an interst in a corporation, trust, partnership, ~oint venture or other artificial person owning any such interest. 9. Prior to every public hearing in connec~on with the land use amendment appi~cation referred.to in Para~'raph 1 above, I will file a revised Zoning Disclosure Affidavit if there has been any change in the information set forth above. WITNESS the following signature: Oliver D. Rudy -6- SM/nwp4770: N27