06SN0119
May 24, 2006 BS
ADDENDUM
06SN0119
(AMENDED)
DSRA, LLC
Bermuda Magisterial District
Southwest quadrant of West Hundred Road and Interstate 95
REQUEST: Rezoning from Agricultural (A) and General Business (C-5) to Community
Business (C-3).
PROPOSED LAND USE:
Two (2) restaurants are planned. (proffered Condition 4)
On May 19 and 23, 2006, the applicant submitted Proffered Conditions 5 and 6 limiting access
through the subject property to serve adjacent properties to the south and proposes improvements
to the crossovers along Route 10, west of Interstate 95.
Transportation issues relative to access from this site to West Hundred Road represented a
primary focus in the Commission's consideration ofthis case at their April public hearing. These
new proffers represent a substantial change to the application considered by the Commission.
Therefore, staff recommends that this request be remanded to the Planning Commission.
The Transportation Department continues to recommend denial of this request for the
transportation impact reasons outlined in the "Request Analysis".
(NOTE: SINCE THIS AMENDMENT WAS NOT SUBMITTED PRIOR TO
ADVERTISEMENT OF THE CASE, THE BOARD WOULD NEED TO SUSPEND THE
PROCEDURES TO CONSIDER THIS CHANGE.)
PROFFERED CONDITION
5. If access is provided to the adjacent properties to the south, such access shall be
limited. The access shall be designed and constructed to allow traffic to enter
those adjacent properties through the subject property, and shall preclude traffic
(OVER)
Providing a FIRST CHOICE community through excellence in public service
from exiting those\ad,jacent properties to travel; through the subject property to
Route I O. (T)
6. Prior to the issuance of an occupancy permit the following improvements shall be
provided, if approved by the Virginia Department of Transportation. The exact
design of these improvements shall be approved by the Transportation
Department:
a)
Construction of a raised median along the eastbound lanes of Route 10 to
preclude vehicles exiting the site from making a u-turn or turning left at
the first crossover on Route 10 west ofthe Interstate 95 intercharlge; and
(~\
b) Construction of additional pavement along the westbound lanes of Route
10 at the second crossover on Route lOwest of the Interstate 95
interchange to provide a left turn lane. The developer shall dedicate, free
and unrestricted, to and for the benefit of Chesterfield County, any
additional right-of-way (or easements) required for the improvements
identified above. (T)
2 06SNOl19-MA Y24-ADDENJDUM-BOS
December 15,2005 epe
February 21,2006 CPC
1faren 21, 2006 CPC
.(^~pril 18, 2006 CPC
May 24, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SNOl19
(AMENDED)
DSRA, LLC
Bermuda Magisterial District
Southwest quadrant of West Hnndred Road and Interstate 95
REQUEST: Rezoning from Agricultural (A) and General Business (C-5) to Community
Business (C-3).
PROPOSED LAND USE:
Two (2) restaurants are planned. (Proffered Condition 4)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. GECKER, BASS AND GULLEY.
NAYS: MESSRS. WILSON AND LITTON.
STAFF RECOMMENDATION
Recommend denial for the following reason:
While the proposed zoning and land uses conform to the Southern Jefferson Davis
Corridor Plan which suggests the property is appropriate for commercial use, the
application fails to restrict any additional vehicular movements from the site to West
Hundred Road thereby creating health, safety and welfare issues as discussed herein.
(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
Providing a FIRST CHOICE community through excellence in public service
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 CONDITIONS
1. Except for timbering approved by the Virginia Division of Forestry for the purpose
of removing dead or 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)
2. No direct vehicular access shall be permitted to the property from West Hundred
Road (State Route 10). (T)
3. The public water and wastewater systems shall be used. (U)
4. Uses shall be limited to two (2) restaurants. (P)
GENERAL INFORMATION
Location:
Southwest quadrant of the intersection of West Hundred Road and Interstate 95. Tax IDs
800-653-Part of 4668 and 800-654 Part of2613, 2833, 4223 and Part of 52 11 (Sheet 26).
Existing Zoning:
A and C-5
Size:
4.1 acres
Existing Land Use:
Single family residential or vacant
Adiacent Zoning and Land Use:
North - C-5; Commercial or vacant
South - A; Vacant
East - A and C-3; Public/semi-public or vacant
West - C-5; Connnercial
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06SNOl19-MA Y24-BOS
UTILITIES
Public Water System:
There is an existing ten (10) inch water line extending along West Hundred Road, adjacent
to this site. Use of the public water system is intended and has been proffered. (Proffered
Condition 3)
Public Wastewater System:
There is an existing ten (10) inch wastewater collector line serving the adjacent property
west of this site. This line terminates approximately 350 feet west of the request site. Use
of the public wastewater system is intended and has been proffered. (Proffered Condition 3)
Further evaluation will be required by the applicant's engineer to determine that adequate
capacity is available in the existing wastewater line to serve this site.
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the east of Redwater Creek. There are no current on- or off-site
drainage or erosion problems and none are anticipated after development.
The site is wooded and should not be timbered without first obtaining a land disturbance
permit from the Department of Environmental Engineering. This will insure that proper
erosion control devices are in place. (proffered Condition 1)
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 fire and EMS.
Transportation:
The property (4.1 acres) is currently zoned Agriculture (A) on 2.6 acres and General
Business (C-5) on 1.5 acres. The applicant is requesting rezoning of the property to
Community Business (C-3) and has limited the use to two (2) restaurants (Proffered
Condition 4). Based on high turnover (sit down) restaurant trip rates, development of the
property could generate approximately 1,280 average daily trips.
Development must adhere to the Development Standards Manual in the Zoning
Ordinance, relative to access and internal circulation (Division 5). The Thorou~hfare Plan
identifies West Hundred Road (Route 10) as a major arterial. Access to major arterials,
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06SNOl19-MA Y24-BOS
such as Route 10, should be controlled. The applicant has proffered that no direct access
will be provided from the property to Route 10 (Proffered Condition 2). The Virginia
Department of Transportation, in conjunction with the construction of Interstate 95 (1-
95), acquired limited access right of way along Route 10 for the property frontage. The
applicant intends to access Route 10 through the adjacent hotel and restaurant
development ("Adjacent Site"), located west of the property. Staff does not support any
development on the property that would access (entering or exiting) Route 10, even
through the Adjacent Site. The Virginia Department of Transportation agrees with staffs
position.
The Southern Jefferson Davis Corridor Plan identified the access limitations of
developing the parcels in this area. The Plan states ... "primary access for future
development in the southwest quadrant of 1-95 and Route 10 (West Hundred Road), north
of John Tyler Community College, may be limited to one intersection along Jefferson
Davis Highway, at Weir Road." All traffic generated by development of the property
should be distributed to the Weir Road/Route 1 intersection.
Route 10 from Route 1 to Meadowville Road is on the Board of Supervisors' Priority List of
Highway Needs. No public road improvements in this part of the county are currently
included in the Six- Year Improvement Plan. As part of the approved bond referendum, a
project was included to widen Route 10 from 1-95 to Ware Bottom Spring Road, including
replacement of the bridge over the Seaboard Coastline Railroad. Construction of these
interim improvements is anticipated to begin in smnmer of2010.
The section of Route 10 between Route 1 and 1-95 currently carries approximately 43,000
vehicles a day and is at capacity (Level of Service E) for the volume of traffic it currently
carries. There are three (3) crossovers along this section of Route 1 0 that are each less
than 500 feet apart This distance is about half the desirable crossover spacing. In
addition, the first crossover on Route 10 west ofl-95, is located in the area where drivers
accelerate and decelerate in accessing the interchange. This crossover is located less than
500 feet from the 1-95 interchange, which is about a third of the desirable spacing from
an interchange. Drivers using all of these crossovers along this section of Route 10
already experience long delays, especially during peak hours. A review of recent traffic
accident statistics indicated that there were 37 accidents along this section of Route lOin
20 months, 9 of them involving injuries. Of the 37 accidents, 14 (or almost 40 percent)
occurred at or near the existing crossover just west ofl-95. This crossover directly serves
several developments on the north side of Route 10.
The spacing between this crossover just west of 1-95 and the existing access for the
Adjacent Site is approximately 160 feet. Drivers desiring to travel west on Route 10 from
the proposed development would exit through the Adjacent Site access, cross two lanes
of traffic over a very short distance and V-turn at the crossover. In addition, to enter the
proposed development from 1-95 and westbound Route 10, drivers would V-turn at a
crossover that does not have a left turn storage lane, and cross two lanes of traffic over a
very short distance (approximately 210 feet) to the Adjacent Site access. Performing
these types of traffic movements already creates an undesirable situation. Adding traffic
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06SNOl19-MA Y24-BOS
from new development would only make the condition worse, and could increase the
number of accidents. Without a commitment that all traffic generated by the proposed
development will be distributed to Route 1 at the Weir Road intersection and not to Route
10, the Transportation Department cannot support the request.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern Jefferson Davis Corridor Plan which suggests
the property is appropriate for commercial use.
Area Development Trends:
Surrounding properties are zoned General Business (C-5) and Agricultural (A) and are
developed for commercial, office and public/semi-public uses or are currently vacant. It is
anticipated that development within the northwest and southwest quadrants of the Route
1011-95 interchange will continue to develop for General Business (C-5) uses, as suggested
by both the Jefferson Davis HilZhwav Corridor and the Southern Jefferson Davis Corridor
Plans.
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.
Uses:
At the request of the Bermuda District Commissioner, uses would be limited to two (2)
restaurants, not to include carry out or fast food. (Proffered Condition 4)
CONCLUSION
While the proposed zoning and land uses conform to the Southern Jefferson Davis Corridor Plan
which suggests the property is appropriate for commercial use, the application fails to address
transportation concerns, as discussed herein.
Given the health, safety and welfare concerns related to transportation impacts, denial of this
request is recommended.
5
06SNOl19-MA Y24-BOS
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CASE HISTORY
Planning Commission Meeting (12/15/05):
At the request of the applicant, the Commission deferred this case to February 21, 2006.
Staff (12/16/05):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 20, 2005, for consideration at the
Commission's February 21, 2006, public hearing.
Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (12/22/05):
The deferral fee was paid.
Staff (1/26/06):
To date, no new information has been submitted.
Area Property Owners, Applicant, Staff and the Bermuda and Dale District Commissioners
(2/13/06):
A meeting was held to discuss this request. Discussion included a proposal to include
additional acreage to provide a secondary means of access to the subject property from
Weir Road.
Applicant (2/20/06):
The application was amended to delete the southern 4.9 acres from this request.
Planning Commission Meeting (2/21/06):
At the request of the applicant, the Commission deferred this case to March 21, 2006.
6
06SNOl19-MA Y24-BOS
Staff (2/22/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 27, 2006, for consideration at the
Commission's March 21, 2006, public hearing.
Also, the applicant was advised that a $230.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (2/28/06):
Additional proffered conditions were submitted.
Staff (3/1/06):
To date, the deferral fee has not been paid.
Applicant (3/3/06):
The deferral fee was paid.
Applicant (3/21/06):
Proffered conditions were amended.
Planning Commission Meeting (3/21/06):
The applicant did not accept the recommendation. There was OpposItIon present.
Concerns were expressed relative to traffic levels and access safety along Route 10.
Mr. Wilson noted that a portion of the property was currently zoned C-5 with potential
access rights to Route 10; and that the deletion of the southern 4.9 acres from the original
request eliminated the potential for additional development accessing Route 10.
Mr. Gecker noted hazardous travel conditions on Route 10; the question of access rights
to Route 10 given the development's inability to locate within the C-5 limits; and the
negative impact on closing crossovers on existing businesses with access rights.
7
06SNOl19-MA Y24-BOS
A motion was made by Mr. Wilson, seconded by Mr. Litton, to recommend approval and
acceptance of the proffered conditions on pages 1 and 2.
AYES: Messrs. Wilson and Litton.
NAYS: Messrs. Gecker and Bass.
ABSENT: Mr. Gulley.
Due to a lack of a majority vote, the case carried over to the Commission's April 18,
2006, public hearing.
Staff (3/22/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 27, 2006, for consideration at the Commission's
April 18, 2006, public hearing.
Staff (3/27/06):
To date, no new information has been submitted.
Planning Commission Meeting (4/18/06):
The applicant did not accept the recommendation. There was support and opposition
present.
Those in support indicated the development would enhance the area. Those in opposition
indicated their concerns relative to traffic safety and the potential that additional traffic
accessing Route 10 would result in the closing of existing crossovers; thereby, adversely
affecting existing businesses.
Messrs. Litton and Wilson indicated that a portion of the property is already zoned; that
area property owners should work together to arrive at an acceptable solution to the
traffic concerns.
Messrs. Gecker, Gulley and Bass expressed concern relative to additional traffic from this
development and future development of adjacent properties accessing Route 10 given the
proximity to the Routes 10/95 interchange and spacing of existing crossovers along Route
10. It was suggested that an area transportation plan should be developed and
implemented to address area traffic safety issues.
Mr. Wilson made a motion to recommend approval and accept the proffered conditions
on page 2. Mr. Litton seconded the motion.
8
06SNOl19-1\.1A Y24-BOS
AYES: Messrs. Wilson and Litton.
NAYS: Messer. Gecker, Bass and Gulley.
The motion, therefore, failed.
On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission recommended
denial of this request
AYES: Messrs. Gecker, Bass and Gulley.
NAYS: Messrs. Litton and Wilson.
The Board of Supervisors, on Wednesday, May 24, 2006, beginning at 7:00 p.m., will take under
consideration this request.
9
06SN0119-MA Y24-BOS
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