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08SN0234~~tF~EI,p ~~:, ~~ti --~ ca~~'';. .v ~ ~ e,~ !' ~ ~~ ~ti, I rY~ ry ! ~;li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08SN0234 Martha 1985 Chester, LLC J~~ZnnQ rnr July 30, 2008 BS Bermuda Magisterial District Off the south line of West hundred Road RE VEST: Rezoning from General Industrial (I-2) to Heavy Industrial (I-3). PROPOSED LAND USE: A concrete manufacturing plant is planned. However, with the approval of this request I-1 and I-2 uses would be permitted. (Proffered Condition 2) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFERRED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reason: While the Consolidated Eastern Area Plan which suggests the property is appropriate for light industrial use, the proposed uses should not have a negative impact on the area. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/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.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITIONS The owner and developer in this rezoning request, Martha 1985 Chester, LLC (the "Developer") pursuant to § 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia (the "County") for itself and its successors and assigns, hereby proffers that the development of the unimproved real property (the "Property") under consideration in this rezoning request shall be developed in accordance with the following conditions if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. (STAFF/CPC) 1. The public water and wastewater systems shall be used. (U) (STAFF/CPC) 2. Uses shall be limited to uses permitted by right and with restrictions in a General Industrial (I-2) District and a concrete manufacturing plant. (P) (STAFF/CPC) 3. An earth berm with a minimum height of eight (8) feet shall be constructed on the north side of the subject parcel to minimize the view of this development from West Hundred Road. The exact design and location of this berm shall be approved by the Planning Department at the time of site plan review. (P) GENERAL INFORMATION T ,~cati nn South line of West Hundred Road, east of Ware Bottom Spring Road and the north line of the CSX Railroad. Tax ID 806-651-Part of 3950. Existing Zoning: I-2 Size: 6.1 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North, South, East and West - C-5, I-l, I-2 and I-3; Industrial or vacant 2 08SN0234 JUL30-BOS-RPT T TTTT ,TTTF,C Public Water System: The request site is in the Dutch Gap/ Bermuda Water Pressure Zone. There is a sixteen (16) inch water line extending along the north side of Old Bermuda Hundred Road, approximately 260 feet southeast of the request site. In addition, there is a twelve (12) inch water line serving the adjacent commercial development that terminates approximately 800 feet northwest of this site. The applicant has proffered to use the public water system. (Proffered Condition 1) Public Wastewater S,, sue: The request site is within the Johnson Creek Sewer Service Area. A twelve (12) inch wastewater trunk line extends along portions of the eastern and northern boundary of this site. The applicant has proffered use of the public wastewater system. (Proffered Condition 1) ENVIRONMENTAL Drainage and Erosion: The subject property is in the upper reaches of the Johnson Creek Watershed which drains to the Appomattox River. There are no existing or anticipated on-site drainage or erosion problems. There is a best management practices (BMP) facility located on the request parcel. This facility must remain in place. PUBLIC FACILITIES Fire ~Prvice~ 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 minimal impact on Fire and EMS. Transportation: The applicant is requesting rezoning of the property (6.1 acres) from General Industrial (I-2) to Heavy Industrial (I-3). This request will have a minimal impact on area road network based upon anticipated traffic generated by development of the property. The applicant's representative has indicated that vehicular access for the property will be provided through the developed properties to the west. Vehicles generated by this development will be initially distributed, via Ware Bottom Spring Road, along Route 10 which had a 2006 traffic count of 42,982 vehicles per day. The capacity of Route 10 between Interstate 95 and Meadowville Road/Old Bermuda Hundred Road is acceptable (Level of Service D) for the volume of traffic it currently carries. Included in the Six- 3 08SN0234 JUL30-BOS-RPT Year Improvement Plan is a project to widen Route 10 from Ware Bottom Spring Road to the Meadowville Road/Old Bermuda Hundred Road intersection. A construction schedule has not been established by VDOT for this project. As part of the approved bond referendum, the county has an improvement project to widen Route 10 from Interstate 95 to Ware Bottom Spring Road, including replacement of the bridge over the Seaboard Coastline Railroad. Construction of this project is anticipated to begin in summer of 2010. The Virginia Department of Transportation's (VDOT) "Chapter 527" regulations, dealing with development Traffic Impact Study requirements, have been enacted. At this time, it is uncertain what impact VDOT's regulations will have on the development process or upon zonings approved by the county. The applicant has indicated that a Chapter 527 Traffic Study is not required for this zoning request. T .ANn T TCF. Comprehensive Plan: Lies within the boundaries of the Consolidated Eastern Area Plan which suggests the property is appropriate for light industrial use. Area Development Trends: The area is characterized by commercially and industrially zoned properties which have been developed for industrial uses or remain vacant. It is anticipated industrial uses will continue in the area, as suggested by the Plan. Zonin Hg istory: On March 28, 1990, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved I-2 zoning on the request property and adjacent property to the north and west. (Case 90SN0125) Development Standards: The request property currently lies within an Emerging Growth Area. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. Development of the site must conform to the development standards of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas. In addition, to address concerns expressed by the Bermuda District Commissioner, the applicant has agreed to provide a berm to minimize the view of development on this property from West Hundred Road. (Proffered Condition 3) 4 08SN0234 JUL30-BOS-RPT CONCLUSION While the proposed zoning and land use do not conform to the Consolidated Eastern Area Plan which suggests the property is appropriate for light industrial use, given that the subj ect property is surrounded by I-2 zoning and the CSX Railroad, I-3 uses should not adversely impact properties in the immediate vicinity. Given this consideration, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (6/17/08): The applicant accepted the recommendation. There was support present. An adjacent owner in support of the request expressed concerns relative to the provision of an adequate sewer easement to their property. Mr. Hassen noted the applicant has agreed to limit I-3 uses to a concrete manufacturing plant and to provide a berm along the northern property line. On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller. The Board of Supervisors, on Wednesday, July 30, 2008, beginning at 6:30 p.m., will take under consideration this request. 5 08SN0234 JUL30-BOS-RPT