STAFF S REQUEST ANALYSIS AND RECOMMENDATION 11SN0246. Sina08, LLC Anil Patel. Bermuda Magisterial District Northwest line of Woods Edge Road

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1 E MNGE: Jane Peterson ugust 16, 2011 P P Time emaining: 100 days TFF EQUET NYI ND EOMMENDTION 11N0246 ina08, nil Patel Bermuda Magisterial District Northwest line of oods Edge oad EQUET: mendment of zoning (ase 05N0181) relative to uses in a General Business (-5) District. POPOED ND UE: ommercial uses are planned. ase 05N0181 currently permits ight Industrial (I- 1) uses plus hotels and two (2) restaurants, one (1) of which may be a fast food restaurant. ith approval of this request, uses permitted by right or with restrictions in the ommunity Business (-3) District and uses permitted by right in the ight Industrial (I-1) District would be permitted, except as limited by Proffered ondition 1. EOMMENDTION onditions relative to uses were originally negotiated with area property owners. fter consideration of public input, should the ommission and Board wish to approve this amendment, acceptance of the proffered conditions contained herein would be appropriate for the following reasons:. The proposed land uses conform to the outhern Jefferson Davis orridor 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. (NOTE: THE ONY ONDITION THT MY BE IMPOED I BUFFE ONDITION. THE POPETY ONE MY POFFE OTHE ONDITION.) Providing a FIT HOIE community through excellence in public service

2 POFFEED ONDITION ocation: 1. Uses shall be limited those permitted by right or with restrictions in the ommunity Business (-3) District and uses permitted by right in the ight Industrial (I-1) District, except the following uses shall not be permitted: a. ocktail lounges and nightclubs b. iquor stores (P) 2. The following uses shall be prohibited: a. Halfway houses b. andfills (P) (taff Note: These proffered conditions supersede Proffered ondition 6 of ase 05N0181 for the request property only.) GENE INFOMTION The request property is located on the northwest line of oods oad, across from althall Industrial Parkway. Tax IDs and Existing Zoning: ize: -5 5 acres Existing and Use: Vacant djacent Zoning and and Use: North - -5; ommercial outh - I-2; Industrial East - I-1 and I-2; Industrial or vacant est - ; X ailroad 2 11N0246-UG16-P-PT

3 UTIITIE Public ater ystem: 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 oods Edge oad adjacent to the site. onnection to the public water system is required by ounty ode. Public astewater ystem: The site is located within the Timsberry reek sewer service area. There is a twelve (12) inch wastewater line extending from oods Edge oad into the request. The same line then connects to an eight (8) inch wastewater line further into the site. onnection to the public wastewater system is required by ounty ode. Drainage and Erosion: Fire ervice: ENVIONMENT This request will have minimal impact on these facilities. PUBI FIITIE The Dutch Gap Fire tation, ompany Number 14, and Bensley-Bermuda Volunteer escue quad currently provide fire protection and emergency medical service (EM). This request will have a minimal impact on Fire and EM. ounty Department of Transportation: ith the approval of ase 05N0181, 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 ase 05N0181 were completed. The current request would permit ight Industrial (I-1) and ommunity Business (-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 average daily trips (DT). These vehicles will be initially distributed along oods Edge oad, 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. 3 11N0246-UG16-P-PT

4 Virginia Department of Transportation (VDOT): VDOT notes the use of existing access points to oods Edge oad. Turn lane warrants, as necessary, will be reviewed at time of site plan submittal. turn lane(s) and associated receiving lane, with appropriate dimensions according to current VDOT standards, shall be provided if VDOT warrants are met. omprehensive Plan: ND UE The subject property is located within the boundaries of the outhern Jefferson Davis orridor Plan, which suggests the property is appropriate for commercial and light industrial uses. rea Development Trends: rea properties are zoned and developed for commercial, industrial and public/semi-public (church) uses or remain vacant. Zoning History: Uses: On May 25, 2005, the Board of upervisors, upon a favorable recommendation by the Planning ommission, approved the rezoning of a seven (7) acre tract to General Business (-5) (ase 05N0181). ommercial and light industrial uses were planned. s a result of input from area property owners, proffered conditions were offered by the applicant to restrict uses. ubsequent 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. Proffered ondition 6 of ase 05N0181 restricts use of the property to those uses permitted in the ight 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 ommunity Business (-3) District, except as limited by Proffered ondition 1. The applicant has indicated that the proposed limitations are the result of discussions with area property owners. pecifically, cocktail lounges, nightclubs and liquor stores (uses first permitted by Ordinance in the -3 District) have been excluded. In addition, two (2) uses not permitted in the General Business (-5) District have also been excluded (halfway houses and landfills) (Proffered ondition 2). It is the applicant s intent to preclude these uses should they be allowed by future Ordinance amendments. 4 11N0246-UG16-P-PT

5 ONUION The condition of the 2005 zoning case affecting uses was negotiated with area property owners. fter consideration of public input, should the ommission 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 oods Edge oad. 5 11N0246-UG16-P-PT

6 V -3 D D I TI PT ON I-2 PK O O Y Feet I T DU 600 IN T 0 I-1 D TO N GE I / I-2 ED H D PY TIP 300 E P -5-5 H -3 treams D -5 P D E TE -9 11N0246 MEND ZONING 600 E NT TH P EN EY -12 I-1esidential OO D Office -3 N T M TH Industrial H T TIN B V MI HO -5 ommercial zc -9 5 V N TIN D NI TINBEY D gricultural -7 ZONING I EDG JEFFEON DVI ED TIM BE INE D TIN E T HI -3 H Y IN N HI D -5 I-1 IND I X IOD IND egend erial photos taken in 2009