13SN0530CASE MANAGER: Robert Clay
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
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July 17, 2013 BS
13 SN0530
Dean E. Hawkins, ASLA
Bermuda Magisterial District
West line of Jefferson Davis Highway
REQUEST: Amendment of conditional use planned development (Case 08SN0267) relative to
reduction of buffers and setbacks for parking and drives in Community Business
(C-3) and General Business (C-5) Districts.
PROPOSED LAND USE:
Commercial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Given the required buffer provision on adjacent residentially-zoned properties to the
west, the requested exceptions would continue to provide for an effective
transition between the anticipated commercial uses on the request property and
the neighboring residential uses.
B. Existing limitations on uses affecting the request property will further minimize
the impacts of the commercial development on area residential uses.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
CONDITION
(STAFF/CPC) The Textual Statement subnutted with the application and identified as
"Textual Statement: Amend CUPD (08SN0267)" shall be the Master Plan
relative to rear yard setbacks and for buffers adjacent to Wendover Hills
subdivision to the west. (P)
GENERAL INFORMATION
Location:
The request property is located on the west line of Jefferson Davis Highway, south of
Milhorn Street. Tax IDs 800-634-0291; 800-635-0431, 0545, 0561, 0676 and 1091.
Existing Zonin
C-3 and GS
Size:
7.9 acres
Existing Land Use:
Vacant
Adj acent Zoning and Land Use:
North - C-3; Commercial
South - G5; Commercial
East - C-3 and G5; Commercial or vacant
West - R-9; Single-family residential
UTILITIES
Public Water Svstem:
The request site is located within the Dutch Gap/Bermuda water pressure zone. There is
an eight (8) inch water line extending through the middle of the site. There is also an
eight (8) inch water line extending along the western side of Jefferson Davis Highway.
Connection to the public water system is required by County Code.
Public Wastewater Svstem:
The request site is located within the Timsberry Creek sewer service area. There is an eight
(8) inch wastewater line extending through the middle of the site. There is also an eight
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(8) inch wastewater line extending along the western side of Jefferson Davis Highway.
Connection the public wastewater system is required by County code.
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, and Bensley-Bermuda Volunteer
Rescue Squad currently provide fire protection and emergency medical service (EMS).
This request will have a minimal impact on Fire and EMS.
County Department of Transportation and Virginia Department of Transportation (VDOT~:
This request will have no impact on these facilities.
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for Neighborhood Office
use.
Area Development Trends:
The area is characterized by a mixhire of commercial and industrial zoning along this
portion of the Jefferson Dads Highway corridor, and has developed with a mix of these uses
or remains vacant. Westward from the subject property and away from the corridor, single-
family residential development has occurred. It is anticipated, given the existing zoning, a
mix of office and commercial uses will continue along this side of the corridor.
Zoning HistorX:
On April 29, 2009 the Board of Supervisors, upon a recommendation for approval from
the Planning Commission, approved commercial zoning on the subject property and
adjacent property to the north (Case 08SN0267). In addition, given the shallowness of the
property, exceptions to front setback requirements were granted.
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Development Standards:
The request property lies within an Emerging Growth District area. The purpose of the
Emerging Growth District standards is to promote high quality, well-designed projects.
Development of the site must conform to the development standards of the Zoriing
Ordinance, which address access, parking, landscaping, pedestrian access, architectural
treatment, setbacks, signs, buffers, utilities and screening of dumpsters and parking areas.
Buffers:
Currently the Ordinance requires a nunimum seventy-five (75) foot buffer on Community
Business (C-3) property adjacent to property zoned residential and a minimum 100 foot
buffer on General Business (GS) property sinularly sitLiated. The applicant has requested an
exception to reduce these buffers to a minimum of twenty-five (25) feet (Textual
Statement). It should be noted that with the zoning of the adjacent Wendover Hills
subdivision, it was recognized that the depth of the request property was insufficient to
accommodate commercial development and provide the required buffering adjacent to this
residential development. For that reason, the Board of Supervisors imposed a buffer
condition on the Wendover Hills property. The subdivision was subsequently recorded with
a fifty (50) foot buffer on the adjacent lots. This buffer, along with the proposed twenty-five
(25) foot buffer on the subject property, would provide for an aggregate buffer of seventy-
five (75) feet adjacent to this residential development. Aseventy-five (75) foot buffer is
consistent with buffer requirements on C-3 zoned property adjacent to residential zoning.
While a portion of the request property is zoned G5, this zoning was approved with
conditions limiting uses to those permitted in a C-3 District and one (1) GS use, being
motor vehicle rental, service and repair. Given these circumstances, staff supports this buffer
reduction.
CPth a clre
Within Emerging Growth areas, the Ordinance requires a minimum rear yard setback of
forty (40) feet for buildings, parking and driveways with the installation of Perimeter
Landscape "C". In conjunction with the requested buffer reduction, the applicant has
requested an exception to reduce this setback for parking and driveways to a minimum of
thirty (30) feet (TextLial Statement). The building would continue to observe the required
forty (40) foot setback. The required perimeter landscaping would be maintained within the
proposed twenty-five (25) foot buffer.
CONCLUSION
The requested exceptions would continue to provide for sufficient buffering and separation
between the proposed commercial uses and the adjacent residential property to the west.
Given these considerations, approval of this request is recommended.
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CASE HISTORY
Planning Commission Meeting (6/18/13):
The applicant accepted the recommendation. There was no opposition present.
Mr. Patton noted no concerns were expressed by neighbors at a community meeting held
to discuss this request; and that the buffer provided in Wendover Hills assisted in
providing appropriate land use transition.
On motion of Mr. Patton, seconded by Mr. Gulley, the Commission recommended
approval subject to the condition on page 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, July 17, 2013 beginning at 6:30 p.m., will take under
consideration this request.
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