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91SN0123FeSruary'- ~ 9; - ~ 99 ~ -6P6 February 27, 1991 5S REQUEST ANALYSIS RECOMMF/gDATION 91SN0123 Nina Shoosmith Bermuda Magisterial District North line of Bellwood Road REQUEST: Rezoning from Heavy Industrial (M-3) to Heavy Industrial (I-3) with Conditional Use to permit a marina. PROPOSED LAND USE: In the past, the subject property has been used by the Virginia Department of Transportation for a borrow pit. The applicant intends to continue to remove material from the site and in doing so, will be constructing a marina. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2 AND ACCEPTANCE OF %5IE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed zoning and land uses conform to the Eastern AreaL and Use and Transportation Plan, which designatea the request property and surrounding area for industrial use. B. The proposed zoning and land use is compatible with industrial developn~_nt trends in the area, C. The development standards of the Zoning Ordinance and reco~m~nded conditions er~ure land use compatibility with existing and future area. industrial developzmmnt. The conditions will preserve any signif, ica~t artifacts that may exist on the site. FUrther, the recon=me~de~ conditions will protect the views of any future industrial de~lotmn~nt from the river. (NOTE: THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGR~ UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOL~.IrBY STAFF-. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITIONS (STAFF/CPC) 1. In addition to the uses permitted by right or with restrictions within Heavy Industrial (I-3) Districts, marinas shall be permitted. (P) (STAFF/CPC) 2. In conjunction with site plan submission for development on any portion of the property outside the limits of the existing borrow pit, 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 revem]m any significant finds, as determined by the Plm~ning 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) (STAFF/CPC) 3. At such time that the marina is utilized by anyone other than the property owner, landscaping shall be installed around the perimeter of the marina basin. The required landscaping may be installed in phases. The exact species, quantity, location and spacing of landscaping and the phasing of installation shall be approved by the Planning Department at the time of site plan review for any new facilities to accommodate the expanded use of the marina. (P) PROFFERED CONDITIONS (STAFF/CPC) 1. Prior to obtaining a building permit, one of the following shall be accomplished for fire protection: For building permits obtained on or before June 30, 1991, the owner, developer or assignee(s) shall pay to the County $150 per 1000 square feet of gross floor area. If the building permit is obtained after June 30, 1991, the amount of the required payment shall be adjusted upward or downward by the same percentage that the Marshall Swift Building Cost Index increased or decreased between June 30, 1991, and the date of payment. With the approval of the County's Fire Chief, the owner, developer or assignee(s) shall receive a credit toward the required payment for the cost of any fire suppression system not otherwise required by law which is included as a part of the development. OR The owner, developer or assignee(s) shall provide a fire suppression system not otherwise required by law 2 91SN0123/PC/FtIB27P which the County's Fire Chief determines substantially reduces the need for County facilities otherwise necessary for fir~ protection. The applicant stipulates and agrees that the need for the additional fire protection measures required by this p=offe= is generated solely by this rezoning. (STAi~F/CPC) Prior to site plan approval, thirty-five (35) feet of right of way on the north side of Bellwood Road, measured from the centerline of that part of Bellwood Road adjacent, to the property, shall be dedicated free and unrestricted, to and for the benefit of Chesterfield County. (NOTE: Site plans must be submitted for review and approval.) GENERAL IIfFORMATION Location: North line of Bellwood Road, east of Haven Avenue. Tax Map 68-6 (2) Bellwood Farms, Lots t7C, 19, 20 and 21 and Tax Map 68-10 (2) Bellwood. Farms, Lots 18 and 19 (Sheet 23). Existing Zoning: M-3 Size: 29.03 acres Existin~ Land Use: Site has been used as a VDOT borrow pit. Adjacent ZoninK & Land Use: ' North - James River and H~nrico County South - M-3; Industrial East - M-3; Industrial or vacant West - M-3; Single family residential and induatrial PUBLIC FACILITIES Utilities: The existing borrow pit does not require the use of the public water and wastewater systems. However, other uses, such as the proposed marina, may be required by Ordinance to use the public wastewater system. When excavating activities are halted and other uses are developed, the owner/developer may be required to connect to the public systems. 3 91SN0123/PC/FEB27P Water: 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 approx4m~tely 1,400 feet west of the property along Bellwood Road. Wastewater: The request site lies within the James River drainage basin. A fifteen (15) inch wastewater trunk is located approx4mately 800 feet from the western property line. Initially, use of a private well and septic system intended. Use of a private well and septic system must be approved by the Health Department and must comply with all Count~and State requirements for wells, septic syst~m~, and pump-out facilities. Drainage and Erosion: Site drains into the James River. No existing or anticipated on- or off-site drainage or erosion problm~m with this use. The erosion control plan for the existing borrow pit was approved prior to adoption of the Chesapeake Bay Ordinance. Development of the marina, however, must comply with the Chesapeake Bay OrdiDmnce. It should be noted that a Resource Protection Area (RPA) exists along the banks of the Jam~s River. Development within the RPA is limited to water dependent uses. The mm~ina would be permitted within the RPA. A permit for connecting the mar4nm basin into the James River has been obtained. Fire Service: Bensley Fire Station, Company #3. The proposed zoning and land uses will genermte additional need for fire protection services. (Proffered Condition t) Transportation: This request will not limit development to a specific land use or density, therefore, it is difficult to anticipate traffic generation. Based on general heavy industry trip rates, development could generate appro~4mmtely 454 average daily trips. These vehicles would be distributed along Bellwood Road, which had a 1991 traffic count of 584 vehicles per day. The Thoroushfare Plan identifies Bellwood Road as a collector with a recommended right of way width of seventy (70) feet. The applicant has proffered to dedicate thir. ty-five (35) feet from centerline of Bellwood Road in accordance with that Plan. (Proffered Condition 2) Development of this property must adhere to the Zoning Ordinance relative to access and internal circulation (Article 7). Develo~t under the requested rezoning is anticipated to have a similar traffic impact as 4 91SN0123/PC/FEB27P development permitted within the existing M-3 zoning; therefore, no cash proffer for "off site" road improvemants~has been requested. At the time of site plan review, specific recommendations will be made relative to internal circulation. LAND USE General Plan: Lies within the boundaries of the Eastern Area Land Use and Transportation P~an, which designates the property for general industrial use and 100 year floodplain. Area Development Trends: The request property and surrounding area is zoned Heavy Industrial (M-3) and is designated on the Eastern Area Plan for heavy industrial uses. While some residential uses still exist in the area, the bulk of the surrounding property has been developed industrially. Site Design: The request property lies within the Jeffers~on Davis Highway Post Development Area (Northern Area). New construction must conform to the development standards of the Zoning Ordinance which address access, parking,' landscaping, architectural treatment, setbacks, signs, bu~'fers, utilities, and screening of dumpsters and loading areas. Further, at such time that the marina use is expanded, landscaping should be installed so as to enhance the views from the river and minimize the visibility of future industrial development from the river. (Condition 3) Architectural Treatment: Within Post Development Areas, no building exterior which would be visible to public rights of way can~ be constructad~ of unadorned concrete, block or corrugated and/or sheet metal. Mechanical equipment, whether or rooftop, must be shielded and screened from public rights of way. New construction must adhere to Post Development requirements. Buffers ~ Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of way by a solid fence, wall., d~n~e evergreen plantings or architectural feature, be separated from any residentially zoned property or any property being used for residential purposes by the principal building, and that such area within 1,000 feet of any residentially zoned property or property used for residential purposes not be serviced between the hours of 9:00 p.m. and 6:00 a.m. In addition, sites must be designed and buildings oriented so that loading areas are screened from any property where loading areas are prohibited and from public rights of way. 5 91SN0123/PC/FEB27P With the approval of this request, outside storage would be permitted. Outside storage areas must be screened from view of adjacent properties which has no such areas and public rights of way. Conclus ions: The proposed zoning and land uses conform to the Eastern Area Land Use and Transportation Plan, which designates the request property and area for industrial use. The proposed zoning is representative of~ area industrial development trends. Further, the development standazds of tbs Zoning Ordinance and recommended conditions ensure land nsc compatibility and quality development. Staff's research with the ¥irginia Departm~-t Historic Resources indicates that there may be Native American archaeological sites on, or surrounding, the reqnest property along the James River. Condition 2 will insure preservation of any sigr~ic~ artifacts that may exist on the site. CASE HISTORY Planning Commission Meeting (2/19/91): The applicant accepted the recommendation. There was a citizen present who expressed concern that the County had contracted to purchase fill material from the site and questioned whether this request was prompt~ed by a prior County action. The Commission indicated that they had no knowledge of such a contract. On motion of Mr. Perkins, seconded by Mrs. Boisineau, the Commission recommended approval of this request, subject to the conditions on page 2 and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Warren, Perkins, Miller and Mrs. Boisineau. ABSENT: Mr. Belcher. The Board of Supervisors on Wednesday, February 27, 1991, beginming at 2:00 p.m., will take under consideration this request. 6 91SN0123/PC/FEB27P HENRICO CouNTY d ~ 44ES IV £ F~ - \ · do hereby swear or ~f-~rm th~: to the bes: 0£ m~' knowledge and belieff, the foLlow~ Lu~ormaticn Ls 1:rue: the applicani for the laud use amendment on Parcel number / With the exception of ' governmenta~ entities and public service compardes owning recorded easements over the proper'iff (the "Subject Propert-ff") wbdch is the subject of the fond'use amendmen~ application referred t~'iu Pars4~raph 1, the' foLlov~ 'is a list of the names a~d adcMes~es of all · p~rsons own.~'~' any legal or ~qui+.able J~teres~ in the subfec~ Prcpert~ as a "l~e owner, lessee, easement owner~-cont:ract purchaser, ass/~-nee,' optionee, Wcensee or noteholder, inc!u~' trustees, beneficiaries 0£ trusts, p'ar~ners, EmOted p~ers and all other nat~r~ or arti~_ml persons: general , ~ ' ' 'Ownerst~-i? ~ame Address Ty~,e of Interes~ ''venire, ~s~ or o~er ~-~ person ~s~sed ~ P~a~agh 2 (o~er ~ ~ose Hsted ~ P~a~a~h 6 or P~a~h 7 b~ow) w~ ~ a tc~ of ~en or fewer s~eholde~, p~ers, benefices or o~ers: Address Name of Artific/al Person -2- SM/nwp4770: N27 ~ or o~er ~~n~ pe~ ~osed ~ P~ph 2 (o~her ~ ~ose ~ed ~ P~a~ph ~ or 7 b~ow): Name Ns. me of Cor~orat/on -3- SM/nw'p4770: N27 5. r~ an~' of the per~orm ~c.~ed /n P~p~ 3 or 4 ~ove "f~~ ~ a ~ of ~ m~be~ of ~e Bo~d of 3upe~a~ of Chatted households o~ ~ ~e~ ~ ~e Sub~ P~pe~ ~ a ~e o~er, e~emen~ owner, con~act pu~er, ~essee, ~ee, op~nee or ~censee, ~er ~du~l or bI o~er~p of ~ ~terest ~ a corpora~on, p~er~p, jolt venue or o~er ~~ person o~g ~y such Name 0£ Household Name of Supe=~'isor Member or Description of Ownersh/p Inte~st -4- SM/nwp4770 :N27 6. ~ ~he~eb~ cer~f~ t~t :P~-a;c~P~h 2 s=e ~e~~ ~=~dect "counte~ ~arket o~ ha~e ~o~e than · . 7. 1[' hereb~ certLt'ff *~-~ after the e~erc~e of cite ~e~ce, ]: ha~e been u~able ~o Iear~ the ~cte~fifies o£ the ow~er~ off ~he ffoL~ow~, corpo~afio~, partnersh/ps, ~oLnt ventures, trusts or other ~ persons d/sc/osed in ParagTaph 2: -5- .~M/nwp4??O: N27 "hereby ce~ ~t no member of ~e Co~, ~e Che~e~eld Co~ P~~ Cc~an or ~ ~me~te ~-~ed ~ P~ph 5 above, o~s ~fle owner, e~emenl o~er, comt~sct ~censeq, eider ~du~y or b~ owners~p of ~st, p~ers~p, ~o~t venue ~r o~e~ ~~ person ow~g ~y such ~terest. 9. P~r to eve~ public he~ ~ co~ne~on ~th ~e ~d use ~en~t appHca~on refe~ed, tc .fo~ above. -~- SM/nwp477O: N27 STAT]~ OF ~LRGINIA ¢OUNTT OF CH~ST]~RFIM. LD, tm-wit: , a Notary Pub~/c in and for the Count7 and State afor~ss/d, and swore or -~med that the ma~ers stated in the Zo~ D~sc!os~re A~davit ~ ~e to ~e best of h~ ~owled~e ~d -7- SM/nwl~ 4770: N27