STAFF S REQUEST ANALYSIS AND RECOMMENDATION 08SN0256. Keck Trust and Nina V. Shoosmith et als

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1 July 15, 2008 P ugust 19, 2008 P eptember 16, 2008 P October 22, 2008 B TFF QUT NLYI N ONTION 08N0256 Keck Trust and Nina. hoosmith et als Bermuda agisterial istrict outh line of Bermuda Hundred oad QUT: ezoning from gricultural () and Light Industrial (I-1) to Heavy Industrial (I-3). POPO LN U: Heavy Industrial (I-3) uses are planned, except as limited by Proffered ondition 1. PLNNING OIION ONTION ON PPOL N PTN OF TH POFF ONTION ON PG 2 N 3. Y:. B, BOWN, HN N WLL. BNT:. GULLY. ecommend approval for the following reason: TFF ONTION The proposed zoning and land use comply with the onsolidated astern rea Plan which suggests moderate and heavy industrial uses are appropriate when such uses will be located and designed to ensure compatibility with less intense area development. (NOT: TH ONLY ONITION THT Y B IPO I BUFF ONITION. TH POPTY OWN Y POFF OTH ONITION. TH ONITION NOT WITH "TFF/P" W G UPON BY BOTH TFF N TH Providing a FIT HOI community through excellence in public service

2 OIION. ONITION WITH ONLY "TFF" ON OLLY BY TFF. ONITION WITH ONLY "P" ITIONL ONITION ON BY TH PLNNING OIION.) POFF ONITION (TFF/P) 1. The following uses shall not be permitted:. Blast furnaces, steel works and rolling and finishing ferrous metals; B. oal and coke storage;. rematoriums;. Iron and steel foundries;. Leather tanning; F. eat products manufacturing; G. Nonferrous foundries and other primary metal industries; H. Paper, pulp and allied products manufacturing; I. Primary smelting and refining of nonferrous metals; J. econdary smelting and refining of nonferrous metals and alloys; K. ass transportation; L. otor ehicle ervice tation;. Water and wastewater treatment plants; and, N. Paper recycling by the chemical method. (P) (TFF/P) 2. xcept for timbering approved by the irginia epartment of Forestry for removing dead or diseased trees, there shall be no timbering on the property until a land disturbance permit has been obtained from the nvironmental ngineering epartment and the approved devices installed. () (TFF/P) 3. edication. Prior to any site plan approval or within sixty (60) days of a written request by the Transportation epartment, whichever occurs first, forty-five (45) feet of right of way on the south side of Bermuda Hundred oad, measured from the centerline of that part of Bermuda Hundred oad immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of hesterfield ounty. (T) (TFF/P) 4. ccess. irect vehicular access from the property to Bermuda Hundred oad shall be limited to four (4) entrances/exits. The exact location of these accesses shall be approved by the Transportation epartment. The Transportation epartment may modify this condition to permit additional entrance(s)/exit(s) to Bermuda Hundred oad. (T) 2 08N0256-OT22-BO-PT

3 (TFF/P) 5. Transportation Improvements. The eveloper shall be responsible for the following road improvements. The exact design of these improvements shall be approved by the Transportation epartment. a. onstruction of additional pavement along Bermuda Hundred oad at each approved access to provide left and right turn lanes. b. edication to hesterfield ounty, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) (TFF/P) 6. seventy (70) foot buffer shall be maintained adjacent to the northern boundary of the ominion Power easement along the length of that easement that borders Homeacres ubdivision. xcept for a rail spur which runs generally perpendicular through the buffer, such buffer shall comply with the Zoning Ordinance requirements for seventy-five (75) foot buffers. (P) Location: GNL INFOTION outh line of Bermuda Hundred oad, northwest of llied oad. Tax Is ; ; ; and xisting Zoning: ize: and I acres xisting Land Use: acant/wooded djacent Zoning and Land Use: North I-3; Industrial or vacant outh -3, -7 & ; gricultural, single family residential or vacant ast - & I-1; Industrial or vacant West - ; acant 3 08N0256-OT22-BO-PT

4 UTILITI Public Water ystem: This request site is within the eadowville Water Pressure Zone and the public water system is available to serve this site. There is an existing twenty (20) inch water line extending along the south side of Bermuda Hundred oad within an easement across the request site. Use of the public water system is required by ounty ode. Public Wastewater ystem: The request site is within the Johnson reek sewer service area. The majority of this site is within the service area of the Bermuda Hundred Wastewater Pump tation. vailable capacity for the request site and other properties within the service area of the Bermuda Hundred Wastewater Pump tation is allocated by a prior wastewater agreement. The total allocated capacity for the Keck Trust is 59,500 gallons per day (gpd) and for the hoosmith property, 12,500 gallons per day (gpd). There is an existing ten (10) inch wastewater trunk line extending along Bermuda Hundred oad adjacent to the request site. Use of the public wastewater system is required by ounty ode. rainage and rosion: NIONNTL The subject property drains to the south to a tributary of Johnson reek and then via Johnson reek to the ppomattox iver. There are currently no known on- or off-site drainage or erosion problems and none are anticipated after development. The property is currently wooded and, as such, should not be timbered without first obtaining a land disturbance permit from the epartment of nvironmental ngineering and the appropriate erosion control devices being installed. This will ensure that adequate erosion control measures are in place prior to any land disturbance. (Proffered ondition 2) Water Quality: Fire ervice: The developer will need to perform a perennial flow determination on the stream adjacent to the railroad prior to development. PUBLI FILITI The non olunteer Fire tation, ompany Number 6, and iversbend Fire tation, ompany Number 18, currently provide fire protection and emergency medical service (). This request will have a minimal impact on Fire and. 4 08N0256-OT22-BO-PT

5 Transportation: The property (167 acres) is located on the south side of Bermuda Hundred oad between North non hurch oad and llied oad. The applicant is requesting a rezoning from gricultural () of approximately seventeen (17) acres and Light Industrial (I-1) of approximately 150 acres to Heavy Industrial (I-3) district. This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on light industrial trip rates, the existing 150 acres of light industrial property could generate approximately 11,100 average daily trips (T). Based on light industrial trip rates, the entire property could generate approximately 12,400 T. This traffic will initially be distributed to Bermuda Hundred oad (oute 697), which had a 2006 traffic count of 2,248 T (Level of ervice ) between non hurch oad and llied oad. ue to the short traffic peaks resulting from adjacent businesses, a marginal Level of ervice results on this segment of Bermuda Hundred oad. The Transportation epartment would consider this segment of Bermuda Hundred oad as a good two-lane roadway with adequate shoulders. No public road improvements in this part of the county are currently included in the ix-year Improvement Plan. The Thoroughfare Plan identifies Bermuda Hundred oad as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right of way, measured from the centerline of Bermuda Hundred oad, in accordance with that Plan. (Proffered ondition 3) ccess to major arterials, such as Bermuda Hundred oad, should be controlled to minimize conflict points and help maintain acceptable levels of service on this roadway. The applicant has proffered to limit vehicular access to Bermuda Hundred oad to four (4) entrances/exits. (Proffered ondition 4) The traffic impact of this development must be addressed. The applicant has proffered to construct additional pavement along Bermuda Hundred oad at each of the approved entrance(s)/exit(s) to provide left and right turn lanes (Proffered ondition 5). These turn lanes should be provided with development that includes a new access to Bermuda Hundred oad. OT s hapter 527 regulations, dealing with development Traffic Impact tudy requirements, have been enacted. In October 2009, OT may enact access management regulations that would affect access points along arterial and collector roadways, such as Bermuda Hundred oad. taff has been meeting with OT to attempt to understand the impact of the regulations. t this time, it is uncertain what impact OT s regulations will have on the development process or upon zonings approved by the county. The applicant has indicated that this request does not warrant a hapter 527 Traffic Impact nalysis. 5 08N0256-OT22-BO-PT

6 LN U omprehensive Plan: Lies within the boundaries of the onsolidated astern rea Plan which suggests the northern majority of the property is appropriate for general and heavy industrial use and the southern portion of the request property is appropriate for light industrial use. The Plan suggests that moderate and heavy industrial uses are appropriate when designed, located and/or oriented to ensure compatibility with less intense uses and where appropriate access and transitions are provided in order to minimize impacts on less intense existing and anticipated area development. rea evelopment Trends: Properties to the north are zoned Heavy Industrial (I-3) and are currently vacant. Properties to the east and west are zoned gricultural () and are occupied by public/semi-public use (cemetery) or are vacant. Properties to the south are zoned ommunity ommercial (-3), esidenital (-7) and gricultural () and are occupied by single family residential use or are vacant. It is anticipated, as suggested by the Plan, that moderate and heavy industrial uses will continue in the area north of the subject property with residential and light industrial uses to the south, light industrial uses to the east and public/semi-public uses to the west. The Plan recognizes the mixed uses within this area and suggests consideration be given to location and design to mitigate impacts between uses of varying intensity. Zoning History: On pril 11, 1973, the Board of upervisors, upon a favorable recommendation of the Planning ommission, approved rezoning (ase 73-49) of approximately 132 acres of the request property to Light Industrial (I-1), except that a 200 foot wide area along the southern boundary of the property adjacent to the Home cres ubdivision maintain its gricultural () zoning. On pril 23, 1986, the Board of upervisors, upon a favorable recommendation of the Planning ommission, approved rezoning (ase 86058) of approximately 27.6 acres of the request property to Light Industrial (I-1). Use Limitations: ite esign: In an effort to minimize impacts on area development, the applicant has proffered to exclude certain uses due to their intensity. (Proffered ondition 1) The request property is bounded to the north by Bermuda Hundred oad and to the south by a railroad line and a major electrical transmission easement which encompass an area approximately 180 feet wide along the southern property boundary. In addition, 6 08N0256-OT22-BO-PT

7 Buffers: development of the request property would be accessed by Bermuda Hundred oad, except for potential rail access from the south, and would likely be oriented towards Bermuda Hundred oad given the rail and utility easement along the southern property boundary. In addition, the request property lies within an merging Growth istrict rea. The Zoning Ordinance specifically addresses access, landscaping, architectural treatment, setbacks, parking, signs, buffers, utilities and screening. The purpose of the merging Growth istrict rea is to promote high quality, well-designed projects. evelopment of the request property will be subject to these Ordinance requirements. Given the physical characteristics of the property and the development standards of the Ordinance, the proposed moderate and heavy industrial uses would be designed, located and/or oriented to ensure compatibility with less intense uses to the south, as suggested by the Plan. railroad right of way runs adjacent to the southern boundary of the request property and a major electrical transmission easement (approximately 130 feet wide and located on the request property) runs parallel to the southern property boundary. s previously noted, given these physical characteristics, any development would be designed, located and oriented towards Bermuda Hundred oad. In addition, because the request property borders a railroad right of way to the south, the Zoning Ordinance would not require a buffer along the southern property line. However, in considering the residential use within Homeacres ubdivision south of the railroad right of way, the applicant has proffered that a seventy (70) foot buffer will be maintained adjacent to the northern boundary of the electrical easement along the length of that easement that borders Homeacres ubdivision (Proffered ondition 6). xcept for a rail spur which would be permitted generally perpendicular through the buffer, the buffer would be required to comply with Ordinance requirements for seventy-five (75) foot buffers, including landscaping requirements. It is important to note that under certain circumstances, this buffer requirement may be waived or modified by the Planning ommission during plans review. ONLUION The onsolidated astern rea Plan suggests moderate and heavy industrial uses are appropriate when such uses will be located and designed to ensure compatibility with less intense development. The development standards of the Ordinance, the proffered use limitations and the physical constraints on the property which promote orientation of the development towards Old Bermuda Hundred oad all work in combination to ensure achievement of compatibility in compliance with the Plan. Given these considerations, approval of this request is recommended. 7 08N0256-OT22-BO-PT

8 HITOY Planning ommission eeting (7/15/08): t the request of the applicant, the ommission deferred this case to their ugust 19, 2008 public hearing. taff (7/16/08): The applicant was advised in writing that any significant new or revised information should be submitted no later than July 21, 2008, for consideration at the ommission s ugust 19, 2008 public hearing. lso, the applicant was advised that a $ deferral fee must be paid prior to the ommission s public hearing. taff (7/22/08): To date, no new or revised information has been received. The deferral fee was paid. Planning ommission eeting (8/19/08): On their own motion, the ommission deferred this case to their eptember 16, 2008 public hearing. taff (8/20/08): The applicant was advised in writing that any significant new or revised information should be submitted no later than ugust 25, 2008 for consideration at the ommission s eptember 16, 2008 public hearing. pplicant (8/28/08): n additional proffered condition was submitted. 8 08N0256-OT22-BO-PT

9 pplicant (9/12/08): revision to the proffered conditions was submitted. Planning ommission eeting (9/16/08): The applicant accepted the recommendation. There was opposition present expressing concerns about the impact Heavy Industrial (I-3) uses may have on an adjacent parcel zoned Light Industrial (I-1). r. Hassen noted that proffered conditions limited more intense industrial uses and felt zoning would increase the value of adjacent industrially zoned property. On motion of r. Hassen, seconded by r. Brown, the omission recommended approval and acceptance of the proffered conditions on pages 2 and 3. Y: essrs. Bass, Brown, Hassen and Waller. BNT: r. Gulley. The Board of upervisors, on Friday, October 22, 2008, beginning at 6:30 p.m., will take under consideration the request. 9 08N0256-OT22-BO-PT

10 I-2 ON H U H I-3 N N Z BU HUN I-3 Z I PKINON HIGHT -7 PK -3 Z OL T Z -3 HU N IONT HILL H Z -7 B B Y T LN TO N HU N N O 1,200 T -7 Feet ON HTFIL GN T YT WOOIG P B T I NN N O NOTH IONT L I FL I 0YFI F NU L W G L T T Y U POPUL HILL N T ON FO T W U -7 LN TH 600 LN T H 1,200 IONT IG FOT GLNN / B I P HU Y Y LN B B U HUN G IN L N B P T IN 08N ez: HTH & HILL I-1 to I-3-7 B -7 K T L X ILO FI POINT BU GN BB O -9-5 BU G I-3 HO Z Z LLI Y W LLI N Y LN IN O N I IONT HILL O I-1 I-3 erial photos taken in 2007