11SN0246CASE MANAGER: Jane Peterson
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BS Time Remaining:
365 days
September 21, 2011 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0246
Sina08, LLC -Anil Patel
Bermuda Magisterial District
Northwest line of Woods Edge Road
RE VEST: Amendment of zoning (Case 05SN0181) relative to uses in a General Business (C-5)
District.
PROPOSED LAND USE:
Commercial uses are planned. Case 05SN0181 currently permits Light Industrial (I-
1) uses plus hotels and two (2) restaurants, one (1) of which may be a fast food
restaurant. With approval of this request, uses permitted by right or with restrictions
in the Community Business (C-3) District and uses permitted by right in the Light
Industrial (I-1) District would be permitted, except as limited by Proffered Condition
1.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Conditions relative to uses were originally negotiated with area property owners. After
consideration of public input, should the Commission and Board wish to approve this amendment,
acceptance of the proffered conditions contained herein would be appropriate for the following
reasons:
A. The proposed land uses conform to the Southern Jefferson Davis Corridor Plan
which suggests the property is appropriate for commercial and light industrial use.
B. The proposed zoning and land uses are representative of, and compatible with,
existing and anticipated area development.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. CONDITIONS NOTED
WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. Uses shall be limited those permitted by right or with restrictions in
the Community Business (C-3) District and uses permitted by right
in the Light Industrial (I-1) District, except the following uses shall
not be permitted:
a. Cocktail lounges and nightclubs
b. Liquor stores (P)
(STAFF/CPC) 2. The following uses shall be prohibited:
a. Halfway houses
b. Landfills (P)
(Staff Note: These proffered conditions supersede Proffered Condition 6 of
Case 05SN0181 for the request property only.)
GENERAL INFORMATION
The request property is located on the northwest line of Woods Road, across from Walthall
Industrial Parkway. Tax IDs 802-637-1703 and 4227.
Existing Zoning:
C-5
Size:
5 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-5; Commercial
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South - I-2; Industrial
East - I-1 and I-2; Industrial or vacant
West - A; CSX Railroad
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Public Water System:
The site is located within the Dutch Gap/Bermuda water pressure zone. There is an eight (8)
inch water line extending through the request site. There is also a sixteen (16) inch water
line extending along Woods Edge Road adjacent to the site. Connection to the public water
system is required by County Code.
Public Wastewater System:
The site is located within the Timsberry Creek sewer service area. There is a twelve (12)
inch wastewater line extending from Woods Edge Road into the request. The same line
then connects to an eight (8) inch wastewater line further into the site. Connection to the
public wastewater system is required by County Code.
ENVIRONMENTAL
Drainage and Erosion:
This request will have minimal impact on these facilities.
PUBLIC FACILITIES
Fire Service:
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.
County Department of Transportation:
With the approval of Case 05SN0181, the Board accepted proffered conditions relative to
Transportation that, among other things, limited uses as referenced herein. In 2008, the
site was developed for a hotel and all the right-of way dedication, access and road
improvements required by Case OSSN0181 were completed. The current request would
permit Light Industrial (I-1) and Community Business (C-3) uses on the remaining five
(5) acres of the property.
Based on the amended condition, 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 of the property could generate approximately 4,100
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average daily trips (ADT). These vehicles will be initially distributed along Woods Edge
Road, which had a 2009 traffic count of 14,910 vehicles per day. This request will have a
similar traffic impact as the previously approved rezoning request.
Virginia Department of Transportation (VDOT):
VDOT notes the use of existing access points to Woods Edge Road. Turn lane warrants, as
necessary, will be reviewed at time of site plan submittal. A turn lane(s) and associated
receiving lane, with appropriate dimensions according to current VDOT standards, shall be
provided if VDOT warrants are met.
T,ANn TIFF,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Southern Jefferson Davis
Corridor Plan, which suggests the property is appropriate for commercial and light
industrial uses.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Regional Center." This proposed land use designation encourages vertically and
horizontally integrated mix of residential, office, light industrial, public, open space and
commercial uses. It should be noted that the revised draft plan is pending review by the
Planning Commission, has not been approved, and does not provide land use guidance for
the subject property at this time. As of the date of this report, the Commission has not
forwarded a recommendation regarding the revised draft plan to the Board of Supervisors.
Additionally, the Board has not reviewed the revised draft plan, nor has the Board taken any
action on the revised draft plan to date. The recommendations of the revised draft plan are
provided for reference purposes only.
Area Development Trends:
Area properties are zoned and developed for commercial, industrial and public/semi-public
(c urc ) uses or remain vacant.
Zonin Hg istory:
On May 25, 2005, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the rezoning of a seven (7) acre tract to General
Business (C-5) (Case 05SN0181). Commercial and light industrial uses were planned. As
a result of input from area property owners, proffered conditions were offered by the
applicant to restrict uses. Subsequent to zoning approval, a hotel was developed on a
portion of this original tract. The undeveloped remaining portion is the subject of this
current request.
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Uses:
Proffered Condition 6 of Case 05SN0181 restricts use of the property to those uses
permitted in the Light Industrial (I-1) District plus hotels and two (2) restaurants, one (1) of
which may be a fast food restaurant. The applicant is requesting an amendment to this use
limitation, to allow uses permitted by right or with restrictions in the Community Business
(C-3) District, except as limited by Proffered Condition 1. The applicant has indicated that
the proposed limitations are the result of discussions with area property owners.
Specifically, cocktail lounges, nightclubs and liquor stores (uses first permitted by
Ordinance in the C-3 District) have been excluded. In addition, two (2) uses not permitted in
the General Business (C-5) District have also been excluded (halfway houses and landfills)
(Proffered Condition 2). It is the applicant's intent to preclude these uses should they be
allowed by future Ordinance amendments.
CONCLUSION
The condition of the 2005 zoning case affecting uses was negotiated with area property owners.
After consideration of public input, should the Commission and Board wish to approve these
amendments, acceptance of the proffered conditions would be appropriate. The proposed land uses
are compatible with existing and anticipated development along this portion of Woods Edge Road.
CASE HISTORY
Planning Commission Meeting (8/16/11):
The applicant accepted the recommendation. There was no opposition present.
Mr. Hassen stated that the proffered use limitations were supported by the adjacent
church and that the commercial uses are consistent with area development patterns.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, September 21, 2011 beginning at 6:30 p.m., will take
under consideration this request.
5 11SN0246-SEP2I-BOS-RPT
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