03SN0192-FEB26.pdfFebruary 26, 2003 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
03SN0192
Balzer & Assoc. Inc.
REQUEST:
Dale Magisterial District
9654 Lockberry Ridge Loop
Amendment to zoning (Case 97SN0269) relative to a tree preservation strip.
Specifically, the applicant wishes to ame~id Proffered Condition 15, which requires
a twenty-five (25) foot tree preservation strip on the subject property only adjacent
to lots in Salem Woods.
PROPOSED LAND USE:
While the conditions of zoning approval for the property require a twenty-five (25)
foot tree preservation strip and a twenty-five (25) foot setback from the tree
preservation strip, the house was constructed three (3) feet closer to the tree
preservation strip than permitted by zoning. Therefore, the applicant wishes' to
amend the zoning to allow a twenty-two (22) foot tree preservation strip instead.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
The original conditions of zoning were negotiat~l with area property owners. After consideration
of public input, should the Commission and Board wish to approve this amendment, acceptance of
the proffered condition would be appropriate.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
Providing a FIRST CHOICE Community Through Excellence in Public Service.
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITION
(STAFF/CPC)
A twenty-two (22) foot tree preservation strip shall be maintained along the
southern property line adjacent to the existing residential lots within Salem
Woods, Section "E'. All ~rees eight (8) inches in caliper or greater shah
be retained except that dead, diseased or dying trees eight (8) inches or
greater in caliper may be removed. This tree preservation area shall be
exclusive of easements. For lots adjacent to existing residential lots within
Salem Woods, Section "E', a minimum rear yard setback of 25 feet (R-12
standard) shall be provided exclusive of the tree preservation strip. (P)
(Staff Note: This proffered condition supersedes Proffered Condition 15 of
Case 97SN0269 for the request property only.)
GENERAL INFORMATION
Location:
South line of Lockberry Ridge Loop, east of Salem Church Road and better known as
9654 Lockberry Ridge Loop. Tax ID 779-665-6491 (Sheet 26).
Existing Zoning:
R-9
Size:
0.3 acre
Existing Land Use:
Single family residential
Adiacent Zoning and Land Use:
North, East and West - R-9; Single family resident'mi or vacant
South - R-7; Single family resident'mi
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UTI; JTIES; ENVIRONMENTAL; AND PUBLIC FACILITIES
The requested amcndmcnt will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Land lJse Plan which suggests the property
is appropriate for residential use of 1.0 to 2.5 units per acre.
Area Development Trends:
The request property and adjacent properties to the north, east and west are zoned
Residential (R-9) and are occupied by single family residences in the Hollymeade
Subdivision or are vacant. Adjacent properties to the south are zoned Residential 0/-7)
and are occupied by single family residences in the Salem Woods Subfflvision.
It should be noted, if this request is approved, an amendment to the existing record plat
will be required for this lot.
Zoning Historg:
On Suly 23, 1997, the Board of Supervisors approved a request for rezoning to Residential
(R-9) which included the request property (Case 97SN0269). Conditiom Of zoning
approval for Case 97SN0269'included the provision of a twenty-five (25) foot tree
preservation strip on the subject property with a required twenty-five (25) foot setback
from the tree preservation strip. A house has been constructed twenty-two (22) feet from
the tree preservation strip. Rather, than reducing the setback and to allow for three O)
additional feet of usuable yard, the applicant is proposing to reduce the tree preservation
strip by three O) feet.
CONCLUSIONS
The original conditions of zoning were negotiated with area property owners. After consideration
of public input, should the Commission and Board wish to.approve this amendment, acceptance of
the proffered condition would be appropriate.
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CASE HISTORY
Planning Commission Meeting (I/21/03):
The applicant accepted staff's recommendation. There was no opposition present.
On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 26, 2003, beginning at 7:00 p.m., will take
under consideration this request.
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