12SN0131CASE MANAGER: Jane Peterson
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November 30, 2011 BS
ADDENDUM
12SN0131
The Phoenix LLP
Bermuda Magisterial District
South line of West Hundred Road
REQUEST: Amendment of conditional use approval (Case 11 SN0247) relative to uses in a
General Industrial (I-2) District.
PROPOSED LAND USE:
A church use with an associated child care center is planned. (Proffered
Conditions)
This addendum is provided to advise the Board of the Planning Commission's recommendation for
this case.
Staff continues to recommend denial as outlined in the "Request Analysis."
PLANNING COMMISSION RECOMMENDATION
ON NOVEMBER 15, 2011 THE PLANNING COMMISSION RECOMMENDED APPROVAL
AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2 OF THE "REQUEST
ANALYSIS."
CASE HISTORY
Planning Commission Meeting (ll/15/ll):
The applicant accepted the Planning Commissions recommendation but did not accept
the Staff's recommendation. There was no opposition present.
Mr. Hassen noted the proposed uses were consistent with the commercial development
pattern along this section of the Route 10 Corridor and compatible with existing uses
within the project.
Providing a FIRST CHOICE community through excellence in public service
In response to a question of Mr. Gulley, Mr. Hassen distinguished the subject property
from other industrially zoned and developed areas where churches had been permitted
only on a temporary basis.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered condition on page 2 of the "Request Analysis."
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.
2 12SN0131-NOV30-BOS-ADD
CASE MANAGER: Jane Peterson
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0131
The Phoenix LLP
Bermuda Magisterial District
South line of West Hundred Road
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November 30, 2011 BS
REQUEST: Amendment of conditional use approval (Case 11 SN0247) relative to uses in a
General Industrial (I-2) District.
PROPOSED LAND USE:
A church use with an associated child care center is planned. (Proffered
Conditions)
PLANNING COMMISSION RECOMMENDATION
THE PLANNING COMMISION IS SCHEDULED TO HEAR THIS CASE AT THEIR
MEETING ON TUESDAY, NOVEMBER 15, 2011. STAFF WILL ADVISE THE BOARD OF
THE COMMISSION' S ACTION AFTER THEIR MEETING.
RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed zoning and land uses do not conform to the Consolidated Eastern
Area Plan, which suggests the property is appropriate for light industrial use.
B. While the proposed uses are consistent with the commercial use exceptions
approved with Case 11 SN0247, these uses are not representative of, nor
compatible with existing and anticipated area industrial development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
In addition to those uses permitted by Case 11 SN0247, the following uses shall be
permitted:
(s) Churches
(t) Child care in association with church use. (P)
GENERAL INFORMATION
T nratinn•
The request property is located on the south line of West Hundred Road, west of Rivers
Bend Road. Tax ID 810-652-2734.
Existing Zoning:
I-2 with conditional use
Size:
9.8 acres
Existing Land Use:
Industrial, commercial or vacant
Adjacent Zoning and Land Use:
North - MH-1 and I-1; Manufactured home park or vacant
South and West - I-2; Vacant
East - A; Vacant
UTILITIES
Public Water and Wastewater Systems:
The site is currently connected to both the public water and wastewater systems. This request will
not impact these systems.
ENVIRONMENTAL ENGINEERING AND PUBLIC FACILITIES
This request will have minimal impact on these facilities.
Vir ing is Department of Transportation VDOT~:
VDOT has no comment given the use of existing commercial entrances from West Hundred
Road.
2 12SN0131-NOV30-BOS-RPT
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Consolidated Eastern Area
Plan, which suggests the property is appropriate for light to moderate industrial uses. One
of the goals of the Plan is to optimize economic development opportunities along the I-95
Corridor. Specifically, vacant land as well as improved properties located within areas
designated on the Plan for industrial use should be reserved for industrial and other
employment-generating uses.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Community Corridor." This proposed land use designation encourages vertically
and horizontally 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:
Area properties are zoned Light Industrial (I-1), General Industrial (I-2) and Agricultural (A)
and are currently vacant, or are developed as part of the Harbour East Village manufactured
home park. It is anticipated that properties within proximity to the I-95 Corridor will
develop for industrial uses, consistent with the recommendations of the Plan.
Zoning HistorX:
On October 10, 1973 the Board of Supervisors approved the rezoning of a 158-acre tract
to General Industrial (M-2) subject to the provision of a buffer along West Hundred and
Old Bermuda Hundred Roads. (Case 73SN0121)
On August 25, 1993 the Board of Supervisors, upon a favorable recommendation by the
Commission, approved an amendment to Case 73 SN0121 relative to buffers and
Conditional Use to permit truck/tractor/trailer, heavy equipment and parts sales, service
and repair on a sixty-one (61) acre portion of this site (93SN0258). The subject property
was included in this request.
On May 28, 2008 the Board of Supervisors, upon a favorable recommendation by the
Commission, approved a conditional use to permit limited commercial uses within the
park. (Case 08SN0197)
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On September 21, 2011 the Board of Supervisors, upon a favorable recommendation by
the Commission, approved an amendment to Case 08SN0197 to permit additional
commercial uses within the park. (Case 11 SN0247)
Uses:
Case 11 SN0247 allows uses permitted by right or with restrictions in the General Industrial
(I-2) District plus limited office and commercial uses that are first permitted by right in the
Corporate Office (O-2) and the Convenience, Neighborhood or Community Business (C-1,
C-2 or C-3) Districts. The applicant is requesting an amendment to add a church and
associated child care center to this group of use exceptions.
CONCLUSION
The proposed land uses do not conform to the Plan which suggests the property is appropriate for
light to moderate industrial use. Staff recognizes that limited commercial uses are currently
permitted by conditional use. The expansion of these uses to include the proposed church with
associated child care provides greater opportunity for conversion of this industrial center into a
facility providing commercial services and places of assembly, contrary to the recommendations
of the Plan.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Staff (11/2/11):
If the Planning Commission acts on this request on November 15, 2011, the case will be
considered by the Board of Supervisors on November 30, 2011.
The Board of Supervisors on Wednesday, November 30, 2011 beginning at 6:30 p.m. will take
under consideration this request.
4 12SN0131-NOV30-BOS-RPT
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