12SN0125CASE MANAGER: Robert Clay
November 3 0, 2011 B S
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0125
DKS Associates, Inc.
and
Donald K. Spriggs, Owner
Midlothian Magisterial District
2743 Buford Road
RE VEST: Rezoning from Neighborhood Office (0-1) to Community Business (C-1).
PROPOSED LAND USE:
Office and limited commercial uses, as restricted by the proffered condition, are
planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed zoning and land uses do not conform to the Bon Air Community
Plan, which suggests the property is appropriate for office use.
B. The proposed zoning and land uses are not representative of and compatible with
existing and anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITION
NOTED WITH "CPC" WAS A CONDITION RECOMMENDED BY THE PLANNING
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(CPC) Uses shall be restricted to the following:
1. Offices, Brokerages, Nursery schools and child or adult care centers, and
Massage clinics.
2. Uses permitted with certain restrictions in the 0-1 District.
3. Barber or beauty shops. (P)
GENERAL INFORMATION
The request property is located in the southeast corner of Bannon and Buford Roads and is
better known as 2743 Buford Road. Tax ID 755-720-0315.
Existing Zoning:
0-1
Size:
.4 acre
Existing Land Use:
Office
Adjacent Zoning and Land Use:
North and East - R-15; Single-family residential
South - C-2 with conditional use planned development; Commercial
West - 0-2; Office
Public Water Svstem:
There is a sixteen (16) inch water line extending along the east side of Buford Road,
adjacent to the request site. There is also a twelve (12) inch water line extending along
Bannon Road. The existing building is connected to the public water system. Use of the
public water system is required by County Code for any future structure built on this site.
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Public Wastewater S,, sue:
There is an eight (8) inch wastewater collector line terminating adjacent to the Bon Air
water tank, approximately 110 feet south of this site. The existing structure is on a private
septic system. Use of the public wastewater system is required for any future structure
built on this site. The Health Department must approve continued use of the existing
private septic system.
Health Department:
This request will have no impact on these facilities.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains in several directions to the state rights-of way. There are no
existing or anticipated on- or off site drainage or erosion problems. It should be noted, if a
site plan is required for any upgrade or re-development of the area, this site must comply
with the Chesapeake Bay Ordinance.
PUBLIC FACILITIES
Fire ~ervice~
The Buford Fire Station, Company Number 9, and Forest-View Volunteer Rescue Squad
currently provide fire protection and emergency medical service (EMS). This request will
have a minimal impact on Fire and EMS. Fire protection issues will be addressed at the time
of building permit/site plan.
County Department of Transportation:
This request will have minimal impact on the existing transportation network.
Virginia Department of Transportation (VDOT):
VDOT notes that the revised zoning will require a commercial entrance(s). A low volume
entrance(s) may be appropriate. Plans for such a commercial entrance shall be prepared and
presented for permit review at the time of construction plan submittal.
T,ANT~ TIFF,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Bon Air Community,
which suggests the property is appropriate for office use.
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Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Neighborhood Center." This proposed land use designation encourages
horizontally and vertically integrated mix of residential, office, 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:
The area is characterized by office uses along the west line of Buford Road and by single-
family residential uses in Bon Air Heights subdivision to the north and east. It is anticipated
that redevelopment at the southeast corner of the intersection of Buford and Bannon Roads
would provide office use as a transition between commercial uses to the south and
residential uses to the north and east, as suggested by the Plan.
Zonin H.~ istory:
On August 1, 1990 the Board of Zoning Appeals approved a special exception on the
property to permit the operation of an antique shop in the home (Case 90AN0240). The
antique shop is no longer operated from this location.
On April 25, 2007, upon a favorable recommendation from the Planning Commission,
the Board of Supervisors approved 0-1 zoning on the request property. (Case 02SN0176)
Uses:
The proffered condition addresses the use restrictions on this property. The applicant
currently has Neighborhood Office (0-1) zoning and is proposing a use (beauty shop)
which is not permitted in an 0-1 district but is first permitted in the Convenience
Business (C-1) District. In an effort to continue to allow currently permitted, 0-1 uses
that are also permitted in C-1 Districts, the proffered condition brings forward those 0-1
uses that are also allowed by right and with certain restrictions in the C-1 District. The
applicant understands he does lose some uses that are currently permitted in the current
zoning.
Development Standards:
The request property lies within the Bon Air Village District. Redevelopment of the site
must conform to the Bon Air Village District requirements of the Zoning Ordinance that
were designed to maintain and reinforce the character, identity and pedestrian scale of this
4 12SN0125-NOV30-BOS-RPT
area. These standards address access, parking, landscaping, architectural treatment, setbacks,
lighting, pedestrian access, signs, buffers, utilities and screening of dumpsters and loading
areas.
CONCLUSION
The proposed zoning and land uses do not conform to the Bon Air Community, which
suggests the property is appropriate for office use. In addition, the proposed zoning and land uses
are not representative of and compatible with existing and anticipated area development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (l o/ 18/ 11)
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
Mr. Waller stated a community meeting was held with only one (1) person in attendance
who wanted more information and that he had received a phone call wanting clarification
of the request.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, November 30, 2011 beginning at 6:30 p.m., will take
under consideration this request.
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