02SN0241-Aug28.pdfAugust 28, 2002 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0241
Meade A. Spotts
Bermuda Magisterial District
South line of West Hundred Road
REQUEST:
Amendment to Condition 14 of Case 94SN0197 to delete the limitation on the
maximtun density of development permitted on the C-3 Tract, a condition intended to
address traffic impacts from the development on West Hundred Road.
PROPOSED LAND USE:
Uses permitted in the Community Business (C-3) Zoning District are proposed,
except a fast food restaurant, which is prohibited by Case 94SN0197.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
AYES: MESSRS. GECKER, CUNNINGHAM AND STACK
ABSENT: MESSRS. LITTON AND GULLEY
STAFF RECOMMENDATION
Recommend approval for the following reason:
Because of transportation improvements and development in the area, the maximum density
condition on the C-3 tract is no longer necessary to address transportation impacts.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
Providing a FIRST CHOICE Community Through Excellence in Public Service.
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.)
PROFFERED CONDITION
(STAFF/CPC)
Prior to the issuance of an occupancy permit, additional pavement shall be
constructed along the westbound lanes of Route 10 at the crossover that
serves Chestnut Hill Drive to provide an adequate left turn lane, as
determined by the Transportation Department, m~d the existing access onto
Route 10 that currently serves the adjacent parcel to the east (Tax ID
8026548609) shall be modified to better restrict left turns out of that access,
as determined by the Transportation Department. (T)
(StaffNotes: A.
With approval of this request that portion o£Proffered
Condition 14 of Case 94SN0197 applicable to the C-3
tract is eliminated. That portion of Proffered
Condition 14 of Case 94SN0197 applicable to the I~2
tract remains in effect.
Ail other conditions of Case 94SN0197 remain in
effect.)
GENERAL INFORMATION
Location:
South line of West Hundred Road, west of Old Stage Road. Tax ID 802-654~4917 (Sheet
27).
Existin~ Zoning:
C-3
Size:
4.0 acres
Existin~LandUse:
Vacant
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Adiacent Zoning and Land Use:
North -
South -
East
West -
A; Vacant
C-3 and I-2; Industrial or vacant
C-3; Commercial or vacant
C-3; Vacant
PUBLIC FACILITIES
This reqnest will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Area Land Use and Transportation Plan which
suggests the property is appropriate for commercial uses. An amendment to this Plan is
currently being considered by the Board of Supervisors. The amended Plan, (Consolidated
Eastern Area Plan Amendment Land Use Plan), as recommended by the Planning
Commission, designates the property as a community mixed use area where community scale
commercial uses, including shopping centers, service and office uses that serve community-
wide trade areas, are appropriate.
Area Development Trends:
Properties along this portion of West Hundred Road are characterized by a mix of
commercial and industrial zoning and land uses. It is anticipated that this land use pattern
will continue, as recommended by the Plan.
Zoning History:
On September 28, 1994, the Board of Supervisors approved rezoning from Agricultural (A)
and Community Business (C-3) to General Industrial (I-2) with Conditional Use to permit
truck, trailer, tractor, heavy equipment parts sales, service and repair, and rezoning from
Agricultural (A) to Community Business (C-3) plus proffered conditions on a parcel already
zoned Community Business (C-3) on the subject property as well as the I~2 property to the
south of Warebottom Springs Road. Community Business (C-3) uses were permitted, except
for a fast food restaurant was permitted on the C-3 tract. Proffered conditions were accepted
to address concerns relative to buffers, utilities, drainage, transportation and uses.
Current Proposal:
Through the original zoning, the applicant addressed the Transportation Department's
concerns over traffic impact along West Hundred Road throup:~h various proffered conditions,
one of which limited density of development.
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The developer is proposing to eliminate that portion of Proffered Condition 14 relative to the
density control on the C-3 Tract. Specifically, Proffered Condition 14 reads as follows:
14.
The maximum density of this development shall be a 60 room hotel on the C-3 tract,
and 37,000 square feet of truck terminal, 156,100 square feet of light industrial and
200,000 square feet of warehouse on the I-2/1-2 with conditional use tract, or
equivalent densities as approved by the Transportation Department. (T)
Transportation Department:
In 1994, the Board of Supervisors approved rezoning (Case 94SN0197) on 104 acres, located
in the southeast quadrant of the West Hundred Road (Route 10)/interstate 95 (I-95)
interchange, for development of an industrial and commercial project. In conjunction with
that rezoning, the Board accepted several transportation related proffers, including a
condition (Proffered Condition 14) that establishes a maximum density of development.
Approximately four (4) acres of the 104 acres is approved for Community Business (C-3)
uses. Proffered Condition 14 of Case 94SN0197 limits development of the C-3 tract to a
sixty (60) room hotel, or equivalent density based on traffic generation. The applicant is
requesting to eliminate that portion of Proffered Condition 14 which relating to density
control on the C-3 tract.
The C-3 tract has frontage along Route 10. However, another proffered condition (Proffered
Condition 13) of Case 94SN0197 does not allow direct access from the C-3 tract to Route 10.
At the time of the original rezoning, the parcel on Route 10 just to the east of the C-3 tract
~vas undeveloped and also zoned Commtmity Business (C-3). Access to Route 10 for the
subject C-3 tract was anticipated to be provided through that adjacent C-3 parcel.
The adjacent C-3 parcel aligns an existing crossover on Route 10. Due to the proximity of the
1-95 interchange, installing a traffic signal at that existing crossover would cause an increase
in traffic congestion on Ronte 10. The primary reason for the density control on the subject
C-3 tract was to minimize the need for a traffic signal at that crossover on Route 10.
Since the original rezoning of the subject C-3 tract, the adjacent C-3 parcel has been
developed for a hotel. In conjunction with development of the hotel, an access easement was
recorded to serve the subject C-3 tract, and the hotel access was constructed to restrict left
tums out of the site onto Route 10. The applicant has agreed to additional improvements to
the access to better restrict left turns onto Route 10 from the site (Proffered Condition). The
design of this access for the hotel also minimizes the need for a traffic signal at the Route 10
crossover; therefore, staff can support the elimination of the maximum density condition on
the C-3 tract, it should be noted that the access easement that was recorded across the hotel
site includes conditions/restrictions that were accepted by both the property owners of the
hotel site and the C-3 tract. The developer of the CA3 tract would need to comply with those
conditions/restrictions, or seek amendments with the property owner of the hotel site.
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The 2001 traffic count on Route 10 was 54,002 vehicles per day. As traffic volumes increase
along Route 10 ~md traffic generation increases as a result of development of the C-3 tract, it
may be difficult for vehicles, traveling westbound on Route 10 to turn left into the site.
Additional turn lane storage on Route 10 may be necessary for vehicles waiting to enter lhe
development by crossing the eastbound lanes of Route 10. The applicant has proffered to
extend the left turn lane on Route 10, as deemed necessary by the Transportation
Department. (Proffered Condition 1)
At time of site plan review, specific recommendations will be provided regarding access and
internal site circulation.
CONCLUSIONS
At the time of the original zoning, numerous conditions were negotiated with the developer to
address the Transportation Department's concerns over the traffic impact on West Hundred Road.
The primary reason for the density control on the subject C-3 tract was to minimize the need for a
traffic signal at that crossover on Route 10.
Since the original rezoning of the subject C-3 tract, an adjacent C-3 parcel has been developed for a
hotel. In conjunction with development of this a4iacent site, an access easement was recorded to
serve the subject C-3 tract. TI-ds access was constructed to restrict left turns out of the site onto
Route 10. The design of this access minimizes the need for a traffic signal at the West Hundred Road
crossover; therefore, the density control on the request site is no longer necessary.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (6/18/02):
At the request of the applicant, the Commission deferred this request to their July 16, 2002,
meeting.
Staff (6/19/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than June 24, 2002, fbr consideration at the Commission's July 16,
2002, public heating. Also, the applicant was advised that a $250.00 deferral fee must be
paid prior to the Commission's July public hearing.
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Applicant (6/24/02):
Revisions to the Proffered Condition were submitted.
Staff (6/26/02):
The applicant paid the $250.00 deferral fee.
Planning Commission Meeting (7/16/02):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Cunningham, seconded by Mr. Stack, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Gecker, Cunningham and Stack
ABSENT: Messrs. [,itton and Gulley
The Board of Supervisors, on Wednesday, August 28, 2002, beginning at 7:00 p.m., will take under
consideration this request.
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