09SN0146
February 17, 2009 CPC
March 11, 2009 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0146
Anil Patel DSRA, LLC
Bermuda Magisterial District
East line of Briggs Road
REQUEST:Rezoning from Agricultural (A) to Community Business (C-3).
PROPOSED LAND USE:
Commercial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL WITH ACCEPTANCE OF THE PROFFERED CONDITIONS
ON PAGES 2 AND 3.
AYES: MESSRS. GULLEY, BASS, HASSEN AND WALLER.
ABSENT: DR. BROWN.
STAFF RECOMMENDATION
Recommend approval forthe following reason:
A.The proposed zoning and land uses conform to the Southern Jefferson Davis
Corridor Plan which suggests the property is appropriate for commercial uses.
B.The proposed zoning and land uses are representative of, and compatible with,
existing and anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAYBE 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
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COMMISSION. CONDITIONS WITH ONLYA "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
The applicant does hereby voluntarily proffer, as the owner of record of the property (the
“Property”) consisting of parcels 800-652-1292, 800-652-4578, 800-653-2911, 800-654 part of
5211, 800-653 part of 4668, 800-654 part of 2613, which is the subject of this rezoning request,
that the development of the property shall be in strict accordance with the following conditions
set forth in this submission:
(STAFF/CPC)1.Except for timbering approved by the Virginia Division of Forestry
for the purposes of removing dead and diseased trees, there shall
be no timbering on the property until a Land Disturbance Permit
has been obtained from the Department of Environmental
Engineering and the approved devices have been installed. (EE)
(STAFF/CPC)2.The public water and wastewater systems shall be used. (U)
(STAFF/CPC)3.If vehicular access is provided from the Property to the adjacent
properties to the north, such access shall be limited. The access
shall be designed and constructed to allow traffic to only travel
south from those adjacent properties through the subject property,
and shall preclude traffic from traveling north from the subject
Property to those adjacent properties. (T)
(STAFF/CPC)4.Prior to any site plan approval, a sixty (60) foot wide right-of-way
from Briggs Road to the adjacent parcels (Tax Ids 800-652-7076
and 800-650-2167) to the east and south shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield County.
The location of this right-of-way shall be as generally depicted on
the sketch entitled “Schematic Plan of Proposed R/W Dedication”
dated 1-15-09, and labeled as “Public Access Road Extension”.
The exact location of this right-of-way shall be approved by the
Transportation Department. (T)
(STAFF/CPC)5.The developer shall be responsible for the following road
improvements. The exact design and length of these
improvements shall be approved by the Transportation
Department:
a.Construction of additional pavement along the westbound
lanes of Weir Road at its intersection with Jefferson Davis
Highway (Route 1) to provide a separate left-turn lane.
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b. Constructionofadditional pavement along the northbound
lanes of Route 1 at its intersection with Weir Road to
provide a separate right-turn lane.
c.Full cost of traffic signalization modifications at the Weir
Road/Route 1 intersection to accommodate the required
road improvements.
d.Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
road improvements.
These road improvements shall be constructed as follows: 1) prior
to the issuance of any occupancy permits, the road improvements
identified in Proffered Condition 5.a, c and d shall be completed;
and 2) prior to issuance of occupancy permits for a cumulative
total of more than 200 hotel rooms and 75,000 square feet of
general office, or equivalent traffic generation as determined by the
Transportation Department, the road improvements identified in
Proffered Condition 5.b, c and d shall also be completed. (T)
GENERAL INFORMATION
Location:
East line of Briggs Road across fromWeirRoad.Tax IDs 800-652-1292 and 4578; 800-
653-2911 and Part of 4668; and 800-654-Parts of 2613 and 5211.
Existing Zoning:
A
Size:
13.4 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-3; Commercial or vacant
South - A with Conditional Use and R-15; Public/semi-public
East - A; Public/semi-public
West - C-3 and C-5;Office and commercial
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UTILITIES
Public Water System:
The request site is within the Dutch Gap/Bermuda Water Pressure Zone. There is an
existing ten (10) inch water line extending along the median of West Hundred Road
approximately 600 feet north of the request site. In addition, there is an existing ten (10)
inch water line extending Weir Road from an existing twenty-four (24) inch line in
Jefferson Davis Highway which terminates adjacent to the western boundary of this site.
The applicant has proffered to use the public water system (Proffered Condition 2).
Preliminary flow tests for this site indicate that connection to both of the ten (10) inch
water lines in West Hundred and Weir Roads, will be necessary to provide adequate fire
flows and an emergency feed.
Public Wastewater System:
The request site is within the Ashton Creek Sewer Service Area. There is an existing
eight (8) inch wastewater collector line extending along Briggs Road that continues north
through the existing shopping center west of the request site. An existing eight (8) inch
wastewater line extends to a point approximately 300 feet west of this site with an
existing sixteen (16) foot sewer easement provided to the property for future wastewater
extension. The applicant has proffered to use the public wastewater system. (Proffered
Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains in several directions with the majority draining to the east
through storm sewer to Ashton Creek. The remaining portion of the property drains east
under Interstate 95 to Redwater Creek.
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 obtaining a land disturbance permit from the Department of
Environmental Engineering. This will ensure that the adequate erosion control devices are
installed prior to timbering. (Proffered Condition 1)
PUBLIC FACILITIES
Fire Service:
The Dutch Fire Station Number 14 and the 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.
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Transportation:
The property (13.4 acres) is currently zoned Agricultural (A) and the applicant is
requesting rezoning to Community Business (C-3).
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on shopping center trip rates, development could
generate approximately 8,220 average daily trips. The applicant intends to develop hotel,
office and retail uses on the property and has prepared a conceptual plan for that
development. Based on the applicant’s current plan, the development could generate
4,280 average daily trips. These vehicles will be initially distributed: 1) along Jefferson
Davis Highway (Route 1) which had a 2006 traffic count of 18,374 vehicles per day, via
Weir Road; and 2) along West Hundred Road (Route 10) which had a 2006 traffic count
of 41,330 vehicles per day, by traveling through the adjacent properties to the north. The
capacity of Route 1 between Route 10 and Old Bermuda Hundred Road, and the capacity
of Route 10 between Route 1 and Interstate 95 are acceptable (Level of Service B and D,
respectively) for the volume of traffic they currently carry. No public road improvements
in this part of the county are currently included in the Six-Year Improvement Program.
John Tyler Community College controls the adjacent parcels east and south of the
property. Representatives from the College have indicated that future expansion plans of
their facilities include an objective to obtain access to the traffic signal at the Weir
Road/Route 1 intersection. As a result of their discussions with the applicant, a proffer
has been submitted which requires a sixty (60) foot wide right-of-way to be dedicated
from Briggs Road through the property to those adjacent parcels.(Proffered Condition 4)
In July 2006, the Board of Supervisors approved a rezoning request (DSRA, LLC - Case
06SN0119) on the adjacent parcels to the north. Primary access for development on
those adjacent parcels is Route 10. Because of the undesirable traffic conditions along
Route 10, the Board accepted a proffered condition with that rezoning case (Case
06SN0119) that would control access, if provided, to the subject property. More
specifically, the condition on those adjacent parcels requires that any access to the subject
property would be designed and constructed to only allow vehicles to travel south, exiting
the adjacent parcels and entering the subject property. This access would not allow
vehicles generated by development of the subject property to travel north to Route 10.
The applicant has proffered a condition that replicates that access restriction for
development of those adjacent parcels (Proffered Condition 3). It will not be feasible to
design and construct a private driveway within the proposed development that will
preclude all possibilities that a driver will not be able to maneuver a vehicle north to
Route 10.
The traffic impact of this development mustbe addressed. The majority of the traffic
generated by this proposed development is anticipated to access the property through the
Weir Road/Route 1 intersection. The applicant has proffered to provide some
improvements to the Weir Road/Route 1 intersection. These improvements include: 1)
constructing an additional westbound lane along Weir Road at the Route 1 intersection to
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providea three-laneapproach; 2) constructing addition pavement along the northbound
lanes of Route 1 at the Weir Road intersection to provide aseparate right turn lane; and
providing the necessary traffic signal modifications to the intersection (Proffered
Condition5).As outlined in the proffer, it is anticipated that the right turn lane along Route
1 will only be constructed ifdevelopment of the propertyexceeds 200 rooms of hotel use
and 75,000 square feet of general office, or equivalent traffic.
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 submitted a Chapter 527 Traffic
Study to VDOT as part of the rezoning application. VDOT has requested modifications
to that traffic study. To date, a revised traffic study has not been submitted. The
applicant’s representative has requested that this rezoning case be considered without
final comments from VDOT on the Chapter 527 Traffic Study.
At time of site plan review, specific recommendations will be provided regarding access,
internal site circulation and road improvements.
LAND USE
Comprehensive Plan:
Lies within the boundaries of theSouthern Jefferson Davis Corridor Plan which suggests
the property is appropriate for general commercial uses.
Area Development Trends:
Surrounding properties are zoned Community and GeneralBusiness (C-3 and C-5),
Residential (R-15) and Agricultural (A) with Conditional Use and are developed for a mix
of commercial, office and public/semi-public uses or are currently vacant. It is anticipated
that development within the southwest quadrant of the Route 10/I-95 interchange will
continue to accommodate commercial uses, as suggested by thePlan.
Zoning History:
On July 26, 2006, the Board of Supervisors approved Community Business (C-3) zoning
on the adjacent properties to the north (Case 06SN0119). In consideration of undesirable
access conditions along this section of West Hundred Road, proffered conditions
preclude direct vehicular access to the property fromWest Hundred Road. Further,
proffered conditions require that any accessprovided to the adjacent properties to the
south (the request property) be limited to allow traffic to enter through the adjacent
northern property, while precluding traffic from exiting back through this property to
West Hundred Road.
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Site Design:
Currently, the request property lies within a Post Development District Area.
Development of this site must conform to the requirements of the Zoning Ordinance
which address access, parking, landscaping, architectural treatment, pedestrian access,
setbacks, signs, buffers, utilities and screening of dumpsters and loading areas.
CONCLUSION
Southern Jefferson Davis Corridor Plan which
The proposed zoning and land uses conform to the
suggests the property is appropriate for commercial uses. In addition, the proposed zoning and
land uses are representative of, and compatible with, existing and anticipated area development.
Given these considerations, approval of this request is recommended.
______________________________________________________________________________
CASE HISTORY
______________________________________________________________________________
Applicant (2/12/09)
Revised proffered conditions were submitted.
______________________________________________________________________________
Planning Commission Meeting (02/17/09):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Gulley, Bass, Hassen and Waller.
ABSENT: Dr. Brown.
The Board of Supervisors, on Wednesday, March 11, 2009, beginning at 6:30 p.m., will take
under consideration this request.
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Zoning Case 09SN0146
Schematic Plan of Proposed R/W
1-15-09
Dedication
09SN0146-1
09SN0146-2