91SN0269
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December 11, 1991 BS
ADDENDUM II
91SN0269
(Amended)
Jack T. Sboosmith
Bermuda Magisterial District
East line of Allied Road
REQUEST .:
(Amended) A Conditional Use to permit
Agricultural (A) District.
an
a borrow pit
in
The applicant t 5 representative withdrew Proffered Condition 2 relative to the
archaeological assessment and agreed to imposition of a condition requiring an
archaeological assessment. Further, the" applicant's representative submitted a
new Proffered Condition 2 addressing protection of the existing farm. house,
pecan trees, American boxwoods, and the two (2) cemeteries.
On motion of Mr. Perkins, seconde~ by Mr. Warren, the Commission recotmnpnned
approval of the amended request subject to the conditions and acceptance of the
proffered conditions as follows:
(NOTE: THE CONDITIONS NOTED WITH "STAFF/CPCtt WERE AGREED UPON BY BOTH STAFF AND
THE COMMISSION. CONDITIONS WITH ONLY A "STAFFtt ARE RECOMMENDlID SOLELY BY STAFF.
CONDITIONS WITH ONLY A "CPCtt ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE
PLANNING COMMISSION.)
CONDITIONS
(STAFF/cpc)
(STAFF/CPC)
1.
A buffer shall be maintained along the south and east
property boundaries of the request site. This buffer shal~
consist of all property south and east of the twenty-five
(25) foot contour, plus all property generally north and
west (landward) of the twenty-five (25) foot contour for a
distance of 100 feet. The removal of vegetation to
accommodate utilities, archaeological inspection views,
pede.strian paths and facilities associated with any
permitted use shall be permitted only upon approval by the
Director of Planning. (p)
(NOTE: This condition is in addition to the buffering
requirements of the Zoning Ordinance~)
2.
In conjunction wi.th first site plan submission, an overall
Disturbance Assessment of the entire property which is the
subject of this appli9ation shall be submitted to the
Planning Department. The Disturbance Assessment shall
determine the potential for the existence of culturally
significant resources, as defined by the standards of the
National Register of Historic Places, on the property. This
Assessment shall be prepared by an archaeologist acceptable
to the Virginia Department of Historic Resources.
Subsequently. in conjunction with site plan submission for
any new facilities on any portion of the property deemed by
the overall Disturbance Assessment to have the potential to
contain culturally significant resources, a Phase 1
archaeological survey j prepared by an archaeologist
acceptable to the Virginia Department of Historic Resources,
shall be submitted to the Planning Department. If the
survey reveals any potentially significant cultural
resources, 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.
PROFFERED CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
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1.
Prior to obtaining a building permit, one of the following
shall be accomplished for fire protection:
A. The owner I developer shall pay to the County $150 per
1,000 square feet of gross floor area 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' 5 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
B. The owner, developer or ass ignee ( s) shall provide a
fire suppression system not otherwise required by law.
which the County's Fire Chief determines substantially
reduces the need for County facilities otherwise
necessary for fire protection.
2.
In conjunction with site plan submission, a plan delineating
the location of the existing residence, the pecan trees and
the American boxwoods adjacent theretot the Johnson Cemetery
and the cemetery in which Alexander and Elizabeth Marshall
are buried shall be submitted to the Planning Department.
There shall be no removal of any trees or shrubs or earth
disturbance of these areas unless approved by the Director
of Planning. This proffered condition shall not preclude
use of the existing residence for residentia~ use or
renovation/expansion of the existing residence for
residential use.
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91SN0269/PC/DECllLLL
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(STAPF/CPC)
3.
Prior to any site plan approval. forty-five (45) feet of
right of way on the east side of Allied Road measured from
the centerline of that part of All.ied Road ;mmPitiate~y
adjacent to the property shall be dedicatedp free and
unrestricted, to and for the benefit of Chesterfield County.
(STAFP/cpc)
4.
The developer shall be responsible for the construction of
additiona~ pavement along Allied Road at each approved
access to provide a separate right turn lane.
AYES: UnanimoUs .
On December 10, 1991, the applicant's representative requested withdrawal of
Proffered Condition 2, relative to protection of the existing fa~ house, pecan
trees, American. boxwoods, and the two (2) cemeteries. located on the request.
property. As noted herein,. the Pl;lnn;ne Commission bas recommpnoed acceptance
of this proffer. Should the Board of Supervisors wish to approve this request
as recommended by the Planning Commission, Proffered Condition 2 should be
imposed as Condition 3.
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91SN0269}PC/DEC11LLL
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December 11, 1991 BS
ADDENDUM
91SN0269
Jack T. Shoosmith
Bermuda Magisterial District
East line of Allied Road
REQUEST: Rezoning from Agricultural (A) to Heavy Industrial (1-3).
(NOTE: The Commiss ion is scheduled to cons ider this request on December 9 ,
1991 . Staff wi 11 advise the Board of the Commiss ion t s act ion at the Board I s
public hearing.)
On December 5, 1991, the applicant's representative amended the application to
request a Conditional Use to permit a borrowing operation on the property. With
the approval of this amendment, uses on the request property would be restricted
to those uses permitted by right in an Agricultural (A) District plus a borrow
pit.
Staff recommends approval of the amended request, subject to the buffer
conditions and acceptance of the proffered conditions outlined herein. These
conditions address the tree preservation, cultural resources and transportation
issues outlined in the "Request Analysis and Recommendation, II as well as the
impact of development on f ire protect ion services. In particular , given the
amended request, the proffered conditions relative to right of way dedication
and road improvements a~dress the concerns of the Transportation Department
relative to the impact of the proposed borrow pit on the transportation network.
(NOTE.:~- -~ GQNPITIONS. ~OTED~.W.I.~. '~S~AFF/CPCtl WERE AGREED .UPON BY BOTH STAFF AND
THE COMMISSION. CONDITIONS WITH ONLY A tiSTAFF" ARE RECOMMENDED soLELY BY STAFF.
CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE
PLANNING COMMISSION.)
CONDITION
(STAFF)
A. buffer shall be maintained along the south and east property
boundaries of the request site. This buffer shall consist of all
property south and east of the twenty-five (25) foot contour, plus all
property generally north and west (landward) of the twenty-five (25)
foot contour for a distance of 100 feet. The removal of vegetation to
accommodate utilities, archaeological inspection views, pedestrian
paths and facilities associated with any permitted use shall be
permitted only upon approval by the Director of Planning. (p)
(NOTE: This condition is in addition to the buffering requirements of
the Zoning Ordinance.)
PROFFERED CONDITIONS
(STAFF)
1 .
Prior to obtaining a building permit, one of the following shall
be accomplished for fire protection:
(STAFF)
(STAFF)
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A.. The. owner j developer shall pay to the County $150 per 1,000
square feet of gross floor area 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
B. The owner J developer or assignee( s) shall provide a fire
suppr,ess ion system no~_ oth~;w.~s.e. ~ ~equir_ed by"_ ~".a~ . w~~~h ~h~
County's Fire Chief determines substantially reduces the
need for County facilities otherwise necessary for fire
protection.
2.
In conjunction with first site plan submission, an overall
Disturbance Assessment of the entire property which is the
subjec"t of this application shall be submitted to the Planning
Department. The Disturbance Assessment shall determine the
potential for the existence of culturally significant resources,
as defined by the standards of the National Register of Historic
Places, on the property. This Assessment shall be prepared by an
archaeologist acceptable to the Virginia Department of Historic
Resources. Subsequently, in conjunction wi th site plan
submission for any new facilities on any portion of the property
deemed by the overall Disturbance Assessment to have the
potential to contain culturally significant resources, a Phase 1
archaeological survey, prepared by an archaeologist acceptable to
the Virginia Department of Historic Resources, shall be submitted
to the Planning Department. If the survey reveals any
potentially significant cultural resources, 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.
(NOTE: This condition is in addition to the buffering
requirements of the Zoning Ordinance.)
3.
Prior to any site plan approval, forty-five (45) feet of right of
way on the east ~ide of Allied Road measured from the centerline
of that part of Allied Road immediately adjacent to the property
shall be dedicated, free and unrestricted, to and for the benefit
of Chesterfield County.
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91SN0269!PC/DECllLL
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The developer shall be responsible for the construction of
additional pavement along Allied Road at each approved access to
provide a separate right turn lane..
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91SN0269jpC/DECllLL
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December 11, 1991 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
91SN0269
Jack T. Shoosmith
Bermuda Magisterial District
East line of Allied Road
REQUEST: Rezoning from Agricultural (A) to Heavy Industrial (1-3).
PROPOSED LAND USE:
Industrial uses are planned. Initially, the applicant intends to
operate a borrow pit on the property. Ultimately, the property could
be reclaimed and developed for other industrial uses.
PLANNING COMMISSION RECOMMENDATION
THE COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON DECEMBER 9) 1991. STAFF
~ILL ADVISE THE BOARD OF THE COMMISSION'S ACTION AT THE BOARD'S PUBLIC HEARING.
STAFF RECOMMENDATION
Recommend approval subject to the applicant addressing the impact on the
transportation network as discussed herein. This recommendation is made for the
following reasons:
A. The proposed zoning and land uses conform to the Eastern Area Land Use
and Transportation Plan which designates the property for general
industrial use and 100 year floodplain. The proposed zoning, coupled
with the requirement of the Chesapeake Bay Regulations and recommended
conditions, comply with the Plan.
B. The proposed zoning conforms to existing and anticipated area
industri~l zonings and land uses.
c. The applicant has failed to address the transportation impacts, as
discussed herein.
(NOTE: THE CONDITIONS NOTED WITH "STAFF I 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.)
CONDITION
(STAFF)
A buffer shall be maintained' along the south and east property
boundaries of the request site. This buffer shall consist of all
property south and east of the twenty-five (25) foot contour, plus all
property generally north and west (landward) of the twenty-five (25)
foot contour for a distance of 100 feet. The removal of vegetation to
accommodate utilities~ archaeological inspection views, pedestrian
paths and facilities associated with any permitted use shall be
permitted only upon approval by the Director of Planning. (p)
(NOTE: This condition is in addition to the buffering requirements of
the Zoning Ordinance.)
PROFFERED CONDITIONS
(STAFF)
(STAFF)
r.
1 .
Prior to obtaining a building permit, one of the following shall
be accomplished for fire protection:
A. The owner/developer shall pay to the County $150 per 1,000
square feet of gross floor area adjusted upward or downward
by the same percentage that the Marshall Swift Building Cost
Index increased or decreased between June 30J 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
B. The owner, developer or ass ignee( s) shall provide a fire
suppression system not otherwise required by law which the
County's Fire Chief determines substantially reduces the
need for County facilities otherwise necessary for fire
protection.
2.
In conjunction with first site plan submission, an overall
Disturbance Assessment of the entire property which is the
subject of this application shall be submitted to the Planning
Department. The Disturbance Assessment shall determine the
potential for the existence of culturally significant resources,
as defined by the standards of the National Register of Historic
Places, on the property. This Assessment shall be prepared by an
archaeologist acceptable to the Virginia Department of Historic
Resources. Subsequently, in conj unction wi th site plan
submission for any new facilities on any portion of the property
deemed by the overall Disturbance Assessment to have the
potential to contain culturally significant resources, a Phase 1
archaeological survey, prepared by an archaeologist acceptable to
the Virginia Department of Historic Resources, shall be submitted
to the Planning Department. If the survey reveals any
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91SN0269/PC/DEC11L
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potentially significant cultural resources, 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.
(NOTE: This condition is in addition to the buffering
requirements of the Zoning Ordinance.)
GENERAL INFORMATION
Location:
East line of Allied Road, north of East Hundred Road. Tax Map 136 (1) Part
of Parcell (Sheet 43).
Existing Zoning:
A
Size:
310 acres
Existin~ Land Use:
Agricultural or vacant
Adjacent Zonin~ & Land Use:
North - Aj Vacant
South - A; Vacant
East - Ai Vacant
West - A with Conditional Use to permit public safety training centerj
Agricultural or vacant
PUBLIC FACILITIES
Utilities:
Water:
The public water system is not available to the request site.
Wastewater:
The public waste~ater system is not available to the request site.
(NOTE: The applicant has indicated that, initially, there will be no
buildings on-site. However, if buildings were to be constructed on-site in
the future, the utilization of a well and septic system must comply ~ith
all State and County regulations. Furthermore, if any future building
should discharge more than 3,000 gallons per day, or .were to be located
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91SN0269jpC}DECIIL
within 200 feet of an existing wastewater line, then the use of the public
wastewater system would be required by Ordinance.)
Drainage and Erosion:
Drains to Shand Creek, Johnsons Creek and the Appomattox River. No
existing or anticipated on- or off-site drainage and/or erosion problems.
Of f - site easements and drainage improvements may be required to control
runoff.
A 100 foot conservation area may be required along creeks and the
Appomattox River to comply with the Chesapeake Bay Ordinance.
Fire Service:
Enon Fire StationJ Company #6. County water flows and fire hydrants must
be provided for fire protection purposes in compliance with nationally
recognized standards (i.e., National Fire Protection Association and
Insurance Services Office).
The proposed zoning and land uses will generate additional need for fire
protection services. Proffers have been received to address this
need. (Proffered Condition 1)
Transportation:
This request will not limit development to a specific land use; therefore,
it is difficult to anticipate traffic generation. The applicant1s
representative has indicated that approximately 70 acres of the subject
property along Johnsons Creek are wetlands and cannot be developed. Based
on general office trip rate, development of the remaining 240 acres could
generate approximately 13,100 average daily trips. Based on industrial
park trip rate, development of the 240 acres could generate approximately
10,270 average daily trips. These vehicles will be distributed along
Allied Road which had a ~990 traffic count of 4,846 vehicles per day.
The Thoroughfare Plan identifies Allied Road as a major arterial with a
recommended right of way width of ninety (90) feet. Forty-five (45) feet
of right of way measured from the centerline of Allied Road should be
dedicated in accordance with that Plan.
Development must adhere to the Zoning Ordinance relative to access and
internal circulation (Article 7). Mitigating road improvements must be
provided for requested densities to achieve an acceptable level of service.
In the past five years, there has been a relatively high number of reported
accidents at the Allied Road/Route 10 intersection. In order to improve
the safety and capacity of that intersection, additional pavement should be
constructed along the eastbound lanes of Route 10 to provide dual left turn
lanes. Constructing this improvement will necessitate widening Allied Road
at its intersection with Route 10 in order to provide two (2) northbound
receiving lanes. Additional pavement should also be constructed along the
westbound lanes of Route 10 at the Allied Road intersection to provide a
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91SN0269}PC/DEC1IL
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right turn lane. Modifications to the existing traffic signal at the Route
10/ Allied Road intersection would be required. Allied Road should be
widened - for the entire frontage of the subject property to provide an
additional lane of pavement plus a separate right turn lane at each
approved access.
Until proffers for right of way dedication and mitigating roadway
improvements are submitted, the Transportation Department cannot support
this request.
LAND USE
General Plan:
Lies within the boundaries of the Eastern Area Land Use and Transportation
Plan, which designates the property for general industrial use and 100 year
floodplain.
Area Development Trends:
The request property lies adjacent to Johnsons Creek to the south.
Adjacent properties to the north, south, east and west are zoned
Agricultural (A) and are currently vacant or developed for agricultural
uses; however, property to the west, along Allied Road has been granted a
Conditional Use to permit a police/fire training center. Area properties
.to the north, along Allied and Bermuda Hundred Roads, are zoned and
developed for industrial uses.
Site Desi~n:
The majority of the request property is vacant and heavily vegetated. It
should be noted that the Zoning Ordinance requires the retention of trees,
eight (8) inches in ~aliper or greater) within setbacks along public rights
of way unless removal is approved by the Director of Planning. At the time
of site plan review and/or site clearing and grading, special consideration
must be given to the preservation of these trees.
In addition) existing vegetation should be preserved along Johnsons Creek
and the Appomattox River to protect scenic resources. A condition should
be imposed to address this concern.
The applicant has indicated that ini tial development would consist of a
borrow pit. Borrowing operations must comply with the requirements of the
Zoning Ordinance for such use. Specifically, the following restrictions
would apply to borrowing operations on the request property:
(1) The excavations must be confined to areas at least 100 feet from
any agricultural district;
(2) The excavations must be confined to areas at least 200 feet from
the right of way lines of any existing or platted street, road or
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91SN0269!PC/DEC11L
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 must 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) All roadways on and all vehicular entrances and. exits from the
premises on which such operations are conducted to any public
roads must be located to secure public safety, lessen congestion
and facilitate transportation, and must be 50 maintained as to
eliminate any nuisance from dust to neighboring properties;
(5) All equipment used for the production or transportation of
materials must 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 must be
maintained in the safest practicable condition at all times. In
no case can permitted processing menace the physical safety of
persons or property on public streets or adj oining properties.
The access road to the processing area must be fenced and closed
to unauthorized traffic by a gate. The boundary lines of the
property wherein such processing is permitted must be posted at
intervals not in excess of 200 feet with signs warning against
the dangerous operation being conducted on the premises;
(6) A plan of operation must be submitted to, and approved by. the
Director of Planning which provides in all respects for the
adequate safe-guarding and protection of other nearby interest
and the general public health, safety t convenience, prosperity
and welfare and which must 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 res ist eras ion and conform substantially with adj acent
land characteristics;
(7) Whenever the operation ceases for any period exceeding twelve
(12) consecutive months, all plants, buildings, structures
(except fences), stockpiles and equipment must be entirely
removed from the premises, and the premises must be restored as
required herein; and
(8) A bond with approved surety in such amount as the Director of
Planning may determine, must be furnished prior to undertaking
any work under the permit guaranteeing the faithful performance
of all the applicable requirements of the Zoning Ordinance.
The applicant has indicated that the property, including any reclaimed
borrowing areas, will ultimately be developed for other industrial uses.
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91SN0269!PC/DEC11L
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Cultural Resources:
The request property lies along a portion of the James River identified as
having the potential to harbor significant Colonial and/or Indian cultural
resources. Prior to any land disturbing activity, the potential for the
existence of such resources on the request property should be assessed.
Should the potential for the existence of such resources be found to exist
on any portion of the request property, further steps should be taken to
determine their significance and to make provision to either protect
significant resources or provide for their removal to an acceptable
location. (Proffered Condition 2)
Buffers & ScreenioR:
Adjacent property to the south is zoned Agricultural (A), is currently
vacant and is designated on the Eastern Area Plan for commercial uses. The
Zoning Ordinance requires a minimum 200 foot setback from the adjacent
Agricultural (A) zoning t~_ the south.
In add it ion, a cond i tion should be imposed to require preservat ion of
vegetation along the Appomattox River and Johnsons Creek. This requirement
would be in addition to the buffering requirements of the Zoning Ordinance
as discussed herein. (Condition)
Conclusions:
The proposed zoning and land uses conform to the Eastern Area Land Use and
Transportation Plan which designates the property for general industrial
use and 100 year floodplain. In addition, the development standards of the
Zoning Ordinance and the recommended buffer condi tioD ensure that any
industrial use developed on the property will be compatible with existing
and future area development and that scenic resources are preserved
(Condition). However, the applicant has failed to address the
transportation issues outlined herein. Until these issues are adequately
addressed, staff cannot support this request.
It should be noted that staff has discussed these concerns with the
applicant's representative on several occasions. To date, however,
proffered conditions have not been submitted.
CASE HISTORY
Applicant (11/19/91):
Proffered Condition 2 was submitted.
Planning Commission Meeting (11/19/91):
The Commission deferred this case to a special meeting on December 9, 1991.
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91SN0269/PC/DECI1L
Staff and Applicant (11/26/91):
A meeting was held to discuss right of way dedication and mitigating road
improvements.
The Board of Supervisors on Wednesday, December 11 , 1991, beg inning at 2: 00
p.m., will take under consideration this request.
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REZ: A TO 1-3
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