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02SN0269-Aug28.pdf
August 28, 2002 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDA'IION 02SN0269 Gilbert C. Booker, Jr. Bem:uda Magisterial District 10107 Jefferson Davis Highway R EQI lEST: Amend condition of Case 83 S045 to eliminate the requirement lbr a buffer along the eastern property boundary. pROPO~qED I AND 1 Expansion of an existing modular office sales business is planned. PI,ANN:lNG COMMLqSIONI R~CC~MMF, NDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2. AYES: MESSERS. GECKER, CUNN1NGHAM AND STACK ABSENT: MESSERS. LITTON AND GULLEY STAFF RECOMMENDATION Reconm:end approval for the following reason: Because adjacent property to the east was rezoned from Residential (R-7) to General Business (C-5), the buffer along the eastern property boundaD, is no longer necessary to mitigate land use impacts. (NOTE: THE ONLY CONDITION THAT MAY BE iMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTItER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY Providing a FIRST CHOICE Community Through Excellence in Public Service. BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOIVLMENDED BY THE PLANNING COMMISSION.) CONDITI(3N (STAFF/CPC) I,ocation: A thirty (30) foot buff'er shall be maintained along the southern property line adjacent to Tax ID 795-666-3629 and 795-666-5531. This buffer shall be landscaped an~or fenced so as to screen the uses, developed on this property, ffom a4iacent residential property to the south. A plan, depicting this requirement, shall be submitted to the Planning Department fbr approval in conjunction with site plm~ submission. (NOTE: This condition supersedes the Condition of Case 83S045.) GENERA 1, I?,JFOR MATION East line of Jefferson Davis Highway and better lmown as 10107 Jefferson Davis Highway. Tax 1D 795-666-2350 (Sheet t8). Existing Zoning' Size: C-5 3.0 acres Existing T,and 1Jse: Commercial Adjacent Zoning and l,and l North - C-5; Commercial or vacant South - C-5; Commercial, single thrnily residential or vacant East - C-5; Vacant West - C-3 and C-5; Commercial or vacant 1 JTII JTIE~q; ENVIR ONMF,NTAI ,; AND PI lB[ ,lC FA CI[ ,ITII~S This request will have no impact on these facilities. 2 02SN0269-AUG28-BOS T AND ~' Comprehensive Plan: Lies ~vithin the boundaries of the Jefferson Davis Corridor Plan which suggests the property and surrounding area are appropriate for regional mixed use. The Elan notes that commercial, office and light industrial development which serves a regional market, including large-scale developments, corporate offices and supporting retail uses are appropriate for the area. Area Development Trenda: Properties along this portion of Jefferson Davis Highway are characterized by a mix of conwnercial and industrial uses. Adjacent properties to the north, south and east, away from JetI~rson Davis Highway mad the request properly, are zoned for residential uses and have been developed for the same or remain vacant. It is anticipated that this land use pattern will continue, as reconunended by the Plan, On May 25, 1983, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning from Community, Business (B-2) to General Business (B-3), subject to a condition establishing buffers along the eastern and southern property boundaries (Case 83S045). At that time, the Zoning Ordinance did not require buffers unless required by a condition of zoning. On October 5, 1983, the Board of Zoning Appeals approved a Variance to the paved parking requirement for six (6) or more vehicles, subject to conditions relative to paving a certain portion of the driveway and parking area, landscaping, parking space stops and the amount and type of stone adequate for the unpaved areas. (Case 83A226) Current Proposal: With the approval of the original zoning, a condition was imposed requiring buffers along the eastern and southern property boundaries to address concerns over the impact the proposed land use may have on adjacent properties. At that time, the adjacent property to the east was zoned Residential (R-7). Subsequently, that adjacent property was rezoned to General Business (C-5). The developer is proposing to eliminate that portion of the Condition relative to the buffer requirement along the eastern property boundary,. CONCT ,l ~.qT©N.q Since the original rezoning of this property, the property adjacent to the east has been rezoned to allow General Commercial (C-5) use. This rezoning eliminates the potential for residential use of 3 02SN0269-AUG28-BOS the property to the east; there£ore, the buffer along the eastern property boundary is no longer necessary. Given these considerations~ approval of this request is recommended. CASE HISTORY Plmnning Cormnission Meeting (7/16/02): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Curminghan~, seconded by Mr. Stuck, the Commission recommended approval subject to the condition on page 2. AYES: Messers. Gecker, Cunninghan~ and Stack ABSENT: Messers. Litton and Gutley The Board of Supervisors, on Wednesday, August 28, 2002, beginning at 7:00 p.m., will take under consideration this request. 4 02SN0269-AUG28-BOS