AGENDA REQUEST

 

Sponsor:

 Board of Supervisors Meeting Date:

Raymond E. Graham, Cedar Run District Supervisor

October 8,  2009

Staff Lead:

Department: 

Kimberley P. Fogle, Assistant Director

 

Community Development 

Topic:

 

A Resolution to Amend the Proffers for the Vint Hill Economic Development Authority (Case Number RZ99-CR-07) as Related to Continued Access to Finch Lane and to Waive the Public Hearing Requirement Pursuant to Section 15.2-2302 of the Code of Virginia

 

Topic Description:

The Vint Hill Economic Development Authority (VHEDA) is seeking an amendment to a proffered condition as it relates to the approved Concept Development Plan (CDP) and the continued access to Finch Lane as part of the site development of the Vint Hill project.  Specifically, General Proffer #1A of the approved proffers (dated December 15, 1999) states that “the development of Vint Hill shall be in accordance with the PCID and PRD regulations in effect at the time of the rezoning approval, the proffers contained herein, in general conformance with the Concept Development Plan, and with any waivers that are granted by the County.”  The road network within the CDP shows the concentration of vehicular traffic at just a few points on the periphery of the Vint Hill site, showing only one connection to Route 602 (Rogues Road).  Connection to Finch Lane is not part of the approved long-term development of the property, and the VHEDA would like to amend their approval to allow this connection to remain.

 

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

 

Financial Impact Analysis: 

There is no additional financial impact anticipated.

 

Summary Staff Report:

New Legislative Approach:  In the past, amendments to proffers constituted a change in the zoning and thus followed a rezoning process.  In July 2009, the General Assembly adopted an amendment to Section 15.2-2302 of the Code of Virginia to allow a Board of Supervisors to waive the requirement for a public hearing for an amendment to proffered conditions where the amendment does not affect conditions of use or density of a property.  Specifically, Section 15.2-2302 states:

However, where an amendment to proffered conditions is requested by the profferor, and where such amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing (i) under this section and (ii) under any other statute, ordinance or proffer requiring a public hearing prior to amendment of conditions created pursuant to Section 15.2-2298 or 15.2-2303.  Once so amended, the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced

This is our first request under this new legislation, and as a result, we do not have a process or approach to the comprehensive evaluation of such requests, nor how to bring them to the Board’s attention and consideration.  Staff would like this to be a topic of Board discussion in the near future to provide Staff direction as to the future processing.

Analysis of Vint Hill EDA Request:   VHEDA has made a request for an amendment to the proffers as it relates to the continued use of Finch Lane as part of the site development for Vint Hill is included here as Attachment 2.

Finch Lane (Route 652) is an existing street in the VDOT-maintenance system to a point that approximates the guard house entrance to the original Vint Hill Farm Station.  It is located immediately parallel to the boundary of the Vill Hill property, adjoining the Grapewood subdivision.  At that point, it connects into Kennedy Road, a privately-owned roadway.  Recently, a new driveway connection has been made from Finch Lane to a residential property in the Grapewood subdivision reinforcing a continuing use of this roadway for other than the Vint Hill development.

Kennedy Road was designed in the original CDP to be a loop road, connecting the Brookside/Vint Hill Parkway to Watson Drive, which functions as shown in the CDP as the only connection of the Vint Hill development (both residential and commercial) to Rogues Road (Route 602). 

One of the largest Land Bays (Land Bay V, with an area of about 81 acres) encompasses the area bounded by the Parkway on the north, the property boundary on the west, Rogues Road on the south and Kennedy Road and Watson Drive on east.  Slated for the total development of about 880,000 square feet, the CDP shows only one stubbed access point into this area from Kennedy and no access from Finch Lane.  In fact, the CDP also shows a 50-foot vegetative and open space buffer separating Finch Lane from the Vint Hill development.

The Traffic Impact Analysis (TIA), prepared for and submitted with the original rezoning in June 1999, evaluates a three phase approach to the development of and traffic generation/impact of the build-out of Vint Hill, as follows: 

Phase A:  Development of about 736,000 s.f. commercial and 239 dwelling units (Design year 2002) 

Phase B:  Total site development of about 1,908,000 s.f. commercial, 300 dwelling units and 250 assisted/independent living units (counted as non-residential development) (Design year 2005)

Phase C:  Build out totaling 3,048,000 s.f. non-residential and 300 dwelling units. (Design year 2009)

The full build-out traffic distribution anticipated about 85% of the traffic into and out of the Vint Hill development to be by way of Vint Hill Road (Route 215) to the north/east, with a total of 75% of the traffic traveling in from Route 29.  According to the TIA, the amount of traffic entering the site in the AM peak hour at Watson Drive is 259 vehicles, coming from the area to the north and east and 193 vehicles during that peak hour, coming from the south along Rogues Road from Dumfries Road (Route 605).  In the PM peak hour, 274 vehicles were projected to leave the site heading to the north and east, and 228 were projected to leave heading south towards Dumfries Road.  These counts did not include any traffic generated by Kettle Run High School and Greenville Elementary School, which were not on the horizon at the time of approval of the Vint Hill development.  With the addition of these two projects, traffic entering and exiting Vint Hill by way of Rogues Road may indeed end up higher than originally projected.

The TIA shows the retention of Finch Lane in Phase A and its removal in Phase B, when Watson Drive was slated for construction.   However, a portion of Watson Drive, including its connection with Rogues Road has already been constructed principally to serve the development of the 300 residential units located to the northeast of Watson Drive.  The elimination of Finch Lane would result in combining both residential and commercial traffic at just one location.

At the time the Vint Hill project was approved, a key approach to transportation planning was to concentrate the traffic at a few key locations.  This approach has been found to result in larger intersections and more concentrated traffic congestion over time.  Transportation planning philosophy has changed over the years, most dramatically in the last ten years, to provide more connections in order to better distribute the traffic and reduce congestion by its distribution over a larger network.

The development of Vint Hill has not taken place at the pace originally envisioned with the approval, nor has the sequencing of development occurred in the manner presented in the proposed phasing of the land bays for development.  From a timing/phasing standpoint, full build-out of the site was projected in 2009-2010.  However, with only 576,000 square feet of commercial space (and 300 residential units) currently developed, the project is still in Phases I/II (Transportation Phase A) from a construction standpoint.  Vint Hill’s development has been much more responsive to market forces and market demands than to the original phasing pattern.  For example, Land Bay “V” was originally slated for development in one of the later phases of the project’s build-out.  However, the market demands for smaller sites and more flex-space type development has pushed this area towards development earlier in the overall sequencing of the Vint Hill development.   Technically, with the original approvals, Finch Lane may remain for the time being.  However, in the planning for the development in Land Bay “V”, the VHEDA wishes to ensure that it can remain in the long term.

The only off-site road improvement required in the TIA to handle traffic from the southern end of the Vint Hill development is the installation of a traffic signal along Dumfries Road at Route 676 (Riley Road).  This signal, whose need was not projected until Phase C (full build-out), has already been installed as has a signal at the intersection of Dumfries Road and Rogues Road.  The timing was pushed forward to alleviate impacts from the construction of the two new schools along Rogues Road. 

One of the proffers for Vint Hill requires the upgrading of all existing substandard roads to VDOT standards “before completion of development”.  The request by VHEDA to retain the connection to Finch Lane includes a commitment to upgrade Finch Lane to the intersection with Kennedy Road no later than the issuance of final occupancy permits for new building construction in excess of 200,000 s.f. within Land Bay “V”.  Staff believes that the continued use of Finch Lane would also potentially serve other traffic generated within the project as a whole and, thus there should be the additional trigger for upgrading this road that is based on the overall development.  The trigger in the proffers for the construction of Watson Drive was 1,000,000 s.f. of development.  With that consideration, Staff recommends that the commitment should be related to the additional 200,000 s.f. of new construction within Land Bay “V” or 1,000,000 s.f. within the project as a whole, whichever occurs first. 

An analysis of the 60,000 s.f. +/- of construction anticipated at this time within Land Bay “V” by VHEDA, prepared by PHR&A in March 2009 (Attachment 3), demonstrates that the project as proposed does not meet the VDOT threshold for a new traffic study, but does conclude that VDOT would suggest the widening of Finch Lane at the intersection with Rogues Road to accommodate separate right and left turn lanes.  Such improvement would need to take place with this initial construction in Land Bay “V”.  Additionally, the installation/maintenance of the required 50-foot buffer as shown on the CDP would need to be incorporated with this initial construction.    

Identify any other Departments, Organizations or Individuals that would be affected by this request: 

Department of Economic Development

Citizens, Property Owners and the Traveling Public in the Vicinity of Finch Lane and Rogues Road

 

 

 

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