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13SN0116CASE MANAGER: Robert Clay .:: i3 i'f~L_ ,i. t,w_.h.-r:.1 ~3 BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 13 SNO ll 6 Atlantic Emergency Group, LLC n,.~„~.o,- i ti ~ni ~ rnr November 28, 2012 BS Bermuda Magisterial District Northeast corner of Grover Court and Redwater Drive REQUEST: Conditional use approval to permit the sale of motor vehicles and trailers in a General Industrial (I-2) District. PROPOSED LAND USE: In addition to the industrial uses currently permitted on the property the applicant is planning to sell emergency response vehicles. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. While the proposed use does not conform to the The Comprehensive Plan, which designates the request property as industrial, the vehicles intended to be sold from this location are so specialized that the use will not have the same effect as a typical motor vehicle sales facility. B. The proposed uses, as conditioned, are representative of and compatible with existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) Providing a FIRST CHOICE community through excellence in public service CONDITION (STAFF/CPC) In addition to uses currently permitted on the property, the sale of emergency response vehicles and trailers shall be allowed. (P) (Staff Note: This condition is in addition to conditions of approval of Case 94SN0197 for the subject property only.) PROFFERED CONDITIONS (STAFF/CPC) 1. No vehicles will be sold at the Property with a gross weight under 7,5001bs. (P) (STAFF/CPC) 2. The total number of vehicles and/or trailers that are present on the Property solely for the purpose of sales shall not exceed twenty (20) at any given time. (P) (Staff Note: These conditions are in addition to conditions of approval of Case 94SN0197 for the subject property only.) GENERAL INFORMATION Location: The request property is located in the northeast corner of Grover Court and Redwater Drive. Tax ID 802-652-7863. Existing Zonin I-2 Size: 5.7 acres Existing Land Use: Industrial Adjacent Zoning and Land Use: North, South, East and West - I-2; Industrial 2 13SN0116-NOV28-BOS-RPT UTILITIES Public Water and Wastewater Systems: The request site is currently connected to the public water and wastewater systems. This request will not impact the public utility systems. ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Dutch Gap Fire Station, Company Number 14, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. County Department of Transportation: The proposed additional development on the property will have a minimal impact on the existing transportation network. Vir ing is Department of Transportation VDOT~: VDOT notes that the site has existing commercial entrances, which VDOT will assume will continue to be used, unchanged. If this assumption is correct, then VDOT will have no further comment. If it is not a correct assumption, VDOT reserves to make comments. LAND USE Comprehensive Plan: The Comprehensive Plan designates the request property as industrial. Area Development Trends: The area is characterized by industrial zoning and land uses. It is anticipated these uses would continue in this area as is suggested by the Plan. 3 13SN0116-NOV28-BOS-RPT Zoning HistorX: On September 29, 1994 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved General Industrial (I-2) zoning on the subject property and on adjacent properties (Case 94SN0197). Case 94SN0197 permits I-2 uses on the property but does not allow for sale of motor vehicles. Development Standards: The request property is located within an Emerging Growth Area. Redevelopment of the site or new construction must conform to the development standards of the Zoning Ordinance which address access, parking landscaping architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas. CONCLUSION While the proposed use does not conform to The Comprehensive Plan, which designates the property as industrial, the vehicles intended to be sold from this location are so specialized that the use will not have the same effect as a typical motor vehicle sales facility. In addition, the proposed uses, as conditioned, are representative of and compatible with existing and anticipated area development. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (10/16/12): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Patton, seconded by Dr. Wallin, the Commission recommended approval subject to the condition and acceptance of the proffered conditions on page 2. AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin. 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