92SN0104February-~8~-~99R-~P~
Mar~h-~-~99~-~P~
April 22, 1992 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
92SN0104
Prill~mmn Chmm~cal Corporation
Bermuda Magisterial District
South line of Old Bermuda Hundred Road
REQUEST: Rezoning from Heavy Industrial (M-3) to Heavy Industrial (I-3).
PROPOSED LAND USE:
Expansion of the existing chemical company is planned. The applicants
manufacture fertilizer and food additives. However, rezoning to I-3
would permit any permitted or restricted I-3 use. Rezoning is
proposed so that Variances to setback requirements may be requested
from the Board of Zoning App-,l~.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO TEE CONDITION ON PAGE 2 AND ACCEPTANCE OF THE
PROFFERED CONDITION ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The proposed zoning and land uses are representative of, and
compatible with, existing and anticipated area development trends
along this portion of Old Bermuda Hundred Road.
Be
While the Eastern Area Lmnd Use and Transportation Plan designates th.
property for light industrial use, it is currently zoned and developed
for heavy industrial uses. Therefore, the requested zoning and
use is no more intmnme tHmn what is currently permitted.
Rezoning to I-3 would allow implementation of the developm-~t
standards required by the Zoning Ordinance, Chapter 21.1, adopted in
April of 1989. The developm-nt standards of the Zoning Ord4nmnce and
recommended buffer condition will ensure quality development and land
use compatibility with existing and future industrial developm-~t
along Old Bermuda Hundred Road and existing and futura residential
development to the south along R~unblewood Road.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE
PROPERTY OWNER MAY PROFFER OT~ CONDITIONS. THE CONDITIONS NOTED WITH
"STAFF/CPC" WERE AGI~ UPON BY BOTH STAFF AND TSE COMMISSION. CONDITIONS WITH
ONLY A "STAFF" ARE RECOMMENDED SOT.~.Y BY STAFF. CONDITIONS WITH ONLY A "CPC"
ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION. )
CONDITION
(STAFF)
A minimum 100 foot buffer shall be maintained along the south
property line of the request site. This buffer shall comply with
the requirements of the Zoning Ordinance, Sections 21.1-226
through 21.1-228. (P)
(cpc)
A minimum fifty (50) foot buffer shall be maintained along the
south property line of the request site. This buffer shall
comply with the requirements of the Zoning Ordinance, Sections
21.1-226 through 21.1-228. (CPC)
PROFF~ CONDITION
(STAFF/CPC)
Prior to the issuance of any additional occupancy permits,
additional pav-~,nt shall be constructed along Old Bermuda
Hundred Road at the approved access to provide a right turn lane.
GENERAL INFORMATION
Location:
Fronts the south li~e of 01d Bermuda Hundred Road, east of Ramblewood Road.
Tax Map 117-14 (1) Parcel 6 (Sheet 33).
Existing Zoning:
M-3
Size:
5~37 acres
Existing Land Use:
Industrial
Adjacent Zoning & Land Use:
North - M-2; Industrial
South - A; Single fmm~ly residential or vacant
East - M-2; Industrial
West - M-3; Vacant
92SN0104/PC/APR22I
PUBLIC FACILITIES
Utilities:
Public Water System:
The public- water system is available and its use is required by
Ordinance as there is an existing water line within 200 feet of the
site (Chapter 20, Article II, Section 20-42).
The computer-simulated flow test indicates sufficient flow and
pressure to meet the domestic and fire protection d-mmnds for this
site.
Septic Tank and Drainfield Syst-m~:
The use of a septic system will be pezmitted by Ordinance if the
facility will utilize no more than 3,000 gallons of water per day
(Chapter 20, Article XI, Section 20-195). The Health Depare~-~t ~
not done any soil studies to determ~n- if soil conditions are suitable
for a septic system -- all County and State re~,]mtions must be met
for use of a septic tank and drainfield system.
Drainage and Erosion:
Site drains north to Johnson Creek. During severe rains, 01d Bermuda
Hundred Road experiences flooding probl-m~ at its intersection with JoWm~on
Creek. No erosion problems anticipated as a. result of proposed
development. May be necessary to obtain off-site drainage easements since
culverts in the area are relatively small.
Fire Service:
Dutch Gap Fire Station, Company #14. Dependent on present location, may be
necessary to install fire hydrants.
Other than the possible installation of fire hydrants, the proposed zoning
and Land uses will not generate additional need for fire protection
services.
Transportation:
This request will not limit developmmnt to a specific land use. Therefore,
it is difficult to anticipate traffic generation. Based on general light
industrial trip rate, developm-nt could generate appro~m~tely 220 average
daily trips. These vehicles will be distributed along Old Bermuda Hundred
Road which had a 1992 traffic count of 1,210 vehicles per day.
Development must adhere to the Zoning Ordinance relative to access and
internal circulation (Article 7). Developmmnt under the requested rezoning
is anticipated to have a s~m~lar traffic impact as development permitted by
the existing zoning. The applicant hmm proffered that, in conjunction with
92SN0104/PC/APR22I
additional development, a right turn lane will be constructed along Old
Bermuda Hundred Road (Proffered Condition). At time of site plan review,
specific recommendations will be provided regarding internal circulation.
LAND USE
General Plan:
Lies within the boundaries of the Eastern Area I.~nd Use and Trmn~portation
Plan, which designates the property for light industrial use.
Area Developm-ut Trends:
While the General P]~n designates the subject property and surrounding area
for light industrial use, the area along this portion of Old Be~,uda
Hundred is characterized by general and heavy industrial zonings and land
uses. Further, the area along Mmmblewood Road is characterized by single
family residential uses or r-m=~ vacant. It is anticipatmd that thm area
to the south along Ramblewood Road, although designated on the General Plan
for light industrial use, will continue to experience residential
development.
Zonin~ History:
On August 8, 1973, the Board of Supervisors, upon a favorable
recommendation by the Planning Commission, approved rezoning to Heavy
Industrial (M-3) on the s~bj.ect property (Case 73-102) subject to a fifty
(50) foot buffer along the southern property line and a twenty-five (23)
foot buffer along 01d Bermuda Hundred Road. The twenty-five (25) foot
buffer along 01d Bez~uda Hundred Road was for the purpose of controlling
access. The southern fifty (50) foot buffer was to provide protection for
the then existing and anticipated residential development to t_he south.
Site Des iKn..
The request property lies within an Rm-rging Growth Area. New construction
must conform to the developmm~t standards of the Zoning Ordinance which
address access, parking, landscaping, architectural treatment, setbacks,
signs, buffers, utilities, and screening of dumpsters and load~nE areas.
Architectural Treatm-nt:
No building exterior which would be visible to any agricultural district or
any public right of way may consist of architectural materi~l~ ~n*erior in
quality, appearance, or detail to any other exterior of the sam, building.
There is, however, nothing to preclude the use of different materials on
different building exteriors, but rather, the use of inferior materjml~ on
sides which face adjoining property. No portion of a building constructed
of unadorned concrete block or corrugated and/or sheet metal may be visible
from any adjoining agricultural district or any public right of way. No
building exterior may be constructed of unpainted concrete block or
corrugated and/or sheet metal. Mechanical equipment, whether ground-level
or rooftop, must be shielded and screened from public view and designed to
be perceived as an integral part of the building.
4 92SN0104/PC/APR22I
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, wm]], dense
evergreen plantings or architectural feature; be separatext 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 r~sidential 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.
Adjacent property to the south is zoned Agriculturs~ (A) and is occupie~, by
single family residences or is vacant. The residential area is a stable
neighborhood. As previously noted, while, the General Plan designates the
adjacent property to the south for light industrial use, it is anticipated
that the area will continue to experience resid".n_tial growth. Therefore,
particular consideration should be given to protection of the adjacent
property to the south. The recommended condition would require a
100 foot buffer along the southern property boumdmry to provide separation
between the subject property and adjacent agriculturally zoned property
(Condition). This width is consistent with Zoning 0rd4-mnce requirements
for I-3 uses adjacent to residentially zoned property. At the time of site
plan review, the Planning Commission may modify this buffer if adequate
screening can be provided in a lesser width. Further, should the adjacent
property to the south ever be developed or zoned for non-residential use,
the buffer can be further reduced or el~m~-mted.
Conclusions:
While the Easters Area L~nd Use and Transportation P~8~ designates the
property for light industrial use, the site is currently zoned and
developed for heavy industrial uses. Further, the area along Old
Hundred Road is chmract~rized by general and heavy industrial uses. The
proposed I-3 zoning is representative of, and compatible with, existing and
anticipated development trends along this portion of Old Bermuda Hundred
Road. Further, th-_ develops,hr standards of the Zoning Ordinance and
recommended buffer condition ensure quality developm".-t and land use
compatibility. Therefore, approval of this request is recomm~-ded.
CASE HISTORY
Planning Commission Meeting (2/18/92):
There was opposition present. At the request of the applicant, the
Commission deferred this case for thirty (30) days to allow the applicant
time to address citizen concerns and to discuss the recommmuded buffer
condition with staff.
5 92SN0104/PC/APR22I
Staff (2119/92):
The applicant was advised in writing to submit any significant new
information no later than February 24, 1992.
Staff (2/28/92):
To date, no new information has been received.
Planning Commission Meeting (3/17/92):
The applicant did not accept the 100 foot buffer condition recommend~ by
staff.
There was opposition present. Concern was expressed relative to the
chemical company use of the property. It was noted that the use was
already permitted under the current Henry Industrial (M-3) zoning and that
any denial of the requested Heavy Industrial (I-3) zoning would not affect
the applicant's ability to continua to operate the chemical company. It
was noted that the rezoning to a "new" zoning classification would allow
the applicant to seek Variances to setback requirements whereas such
Variances could not be sought under "old" zoning classifications.
Mr. Cunningham, the Bermuda District Commissioner, indicated that several
area residunts had Mt with the applicant and toured t~ facility. He
stated that following that tour those area residm~ts had expressed
satisfaction with the operation. Those persons who were present in
opposition to the request had not attended the tour. ~urther, Mr.
Cunninghmm indicated that he felt a fifty (50) foot buffer along the
southern property line would be sufficient to protect both existing and
future residential uses to the south.
On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission
recomm~_nded approval of this request subject to the condition on page 2 and
acceptance of the proffered condition on page 2.
AYES: Messrs. Miller, Curmingham, Easter and Marsh.
ABSTENTION: Mr. Gulley.
The Board of Supervisors on Wednesday, April 22, 1992, begimn~ng at 7:00 p.m.,
will take %~nder consideration t/liS requ~_st.
6
92SN0104/PC/APR22I
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