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15SN0510CASE MANAGER: Darla Orr ~~F~ -- ~o ~1~ 11`~ ~f ~ ,~ ~~:~; ~~~~ ~" ~, ~~ `~ <<8GIN1°i ~.-.~ BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 15SN0510 Steven Ashley Daniel and. Jayna Dawn Daniel c„~~„~~~.,,,- i ti ~ni n r+~r+ ~. - - - October 22, 2014 BS Bermuda Magisterial District Bellwood Elementary, Salem Church Middle and Bird High Schools Attendance Zones 8801 Dorsey Road REQUEST: Rezoning from Community Business (C-3) to Residential (R-12). PROPOSED LAND USE: Continued occupancy of the existing single family dwelling for the property owners' personal residence is planned, yielding a density of approximately 0.45 dwellings per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land use conform to the Jefferson Davis Highway Corridor Plan, a component of the Comprehensive Plan, which suggests the property is appropriate for Residential use (2.51-4 units/acre) and is compatible with area single family residential use. B. With the approval of this request, the applicants' personal residence and accessory buildings would be pernutted by-right, no longer bound by linutations of the ordinance as a legally non-confornung use. Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS. THE CONDITION NOTED "STAFF/CPC" WAS AGREED UPON BY BOTH STAFF AND THE COMMISSION. ) PROFFERED CONDITION (STAFF/CPC) The property shall not be fiirther subdivided. (P) GENERAL INFORMATION Location: The request property is located on the east line of Dorsey Road, north of Hunter Lane and better known as 8801 Dorsey Road. Tax ID 789-671-7993. Existing Zoning: C-3 Size: 2.2 acres Existing Land Use: Single family residential Adjacent Zoning and Land Use: North, South, East and West - R-7; Single fanuly residential or vacant UTILITIES Public Water System: The existing dwelling is not connected to the public water system. There is an existing twelve (12) inch public water line approximately 925 feet from the property. Connection to the public water system is not required by Code. Public Wastewater System: The public wastewater system is not available to serve the property. The use will not impact the public wastewater system. 2 1 ~SNO~ 10-2014(. )CT22-B( )S-RPT Health Department: An individual well and septic system serves the existing dwelling. The Health Department must approve any new or expanded use of these facilities. ENVIRONMENTAL This request will not impact these facilities. PUBLIC FACILITIES The need for schools, parks, libraries, fire stations, and transportation facilities in this area is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program and fiirther detailed by specific departments in the applicable sections of this request analysis. Fire Service: The Centralia Fire Station, Company Number 17, currently provides fire protection and emergency medical service (EMS). This request will have a nunimal impact on Fire and EMS. Schools: I1P5l~CI~AiIf17YI S~~I~QAl: Q Fr mma. FuucararArlA& 4 7LeAnlseAxtAgs, _ ~~, rxffTi~aAdeA~s ~ff]'AO[M] Pti~I.AAl@ L{~5i~(I~4Axt7AL ~~~3:1C1A5'. -~e~1el~ulaAAA.~ArA ~._.~~-L~ 2111-11 ,-,. £.leuaena•7v~-: ffietl~a'o+ad. Q 4i8 4518 t'".;, 3 "tLAddle~ SaleaaxC'BaLUCh 7 853 1.fl85~ !ii",, "« HigIx: ffiircl Q 1.8'x{3 '_,{1n0, iYl°;,~ 3ata1 pJ Pr~ ajecre~ h~IplasLei ~IAi~ and L-~pa ciFS~ Trend= Cl-.er Tiw:e -°'` Pr j_':~re& Yrojc~crcrl Fl~~jezred chuol Acme 11exn1~aA-clip. ILem!_«i lxi'r>, llemt.r~Ixil;. v-'t'-1~ y-3r)-L .. ~~-Sri-'-~I F.Ieuae71-:111": )x"11",©wv"Cl. ~b~~ ~ ~ ~n'~ 1LAddlc: Sale+A1 e~h>ar~]A. 8~~+ a;~`,.,, aa~a ~~.~?;,~ sb~; H'iglx:' bird 1,883 !;t3~^,~„ 1,86 ~7~";, 1,848 <Ilr"~ TMwC1'FF~ The 8lnadzzxt S'ield ay Ua;~ed uAx i]Ae L7'7td14 C'~s1a Proffer hdethnctcll~gw as prt~vtciewi Uy the C"hesterf"ield. C°~iuxBlr Fian:lm~e -eyartAxnenE. TdL1TE. °' Iff IM sa hcrca] As Bess th~raq t1fY",%'~ tuff capac. =j aaid lxas trailers, those toilers are Ax4At adeaatif"rerl tax f9Ae st~ALff r~rari. `,tLideaav P,'deanU~erslxlpr is I~asesl oax mxeAxAlaershn,dr as ~f p!d-3~1J-13.. 8e]A~r~rD C'~Parity i~s taa~ec raAx e'd413-d~] 8. ce 1. t ;_a: an whaely.. -L3C=~I1MLFa ~ ,:~~~r • ,._ ~ d ~ ~ ~,rca~ ~n~-~;~ n--A:r~ v,~;~>7 .dlV~~-IL~'~.~.51.5' ~,:-,'r~a•e7s, -, -:._r~,"~!• .aali- _ n f• -.i.~at~.-. f c,a _.-~ ~: c ~-r.fs. ._. x^'~ _ _ - r s , visit raf c'-•- - ,: .'rs'r _, ~ ~,,. ~ _, ~'avrAt4Arxt ,cst3+~i ,~ ,;~r°t~ n.~,- ~...~ ,.~ ~ r1~i~_: 1 ---.., Tdu' ,. - -:':1sanR:nr+~r'pAra>fl:' .. _ ~ ".~,., ~s xs • „-- ~ _ _,_ .. e!. ~ .t_1se?s..~Ygaa .~ , 1^ ..~ _ . a .-iaks~ rar~raA~b~~a~s firm ~':zcx avarv Y'~tiAla".. 3 1 ~SNO~ 10-2014(. )CT22-BOS-RPT The proposed rezoning will have a nunimal impact on school facilities. Libraries: Parks & Recreation: County and Vir ink is Departments of Transportation: This request will have a nunimal impact on these facilities. Financial Impact on Capital Facilities: Per Dwelling Unit Potential Number of New Dwellin Units 0 1.00 Population Increase 0.00 2.78 Number of New Students Elementary 0.00 0.21 Middle 0.00 0.11 High 0.00 0.15 Total 0.00 0.47 Net Cost For Schools $ - $ 9,376 Net Cost for Parks $ - $ 1,327 Net Cost for Libraries $ - $ 340 Net Cost For Fire Stations $ - $ 786 Average Net Cost Roads $ - $ 9,432 Total Net Cost $ - $ 21,261 Circumstances relevant to this case, as presented by the applicant, have been reviewed, and it has been deternuned that it there will be no impact on capital facilities. LAND USE Comprehensive Plan: The Comprehensive Plan suggests the property, as part of the Jefferson Davis Corridor Plan, is appropriate for residential use (2.41 to 4 dwellings per acre). Area Development Trends: Area properties are zoned residentially and are occupied by single family residential use. It is anticipated that residential use will continue in the area as suggested by the Plan. Current Proposal: The subject parcel was created in 1938. The applicants purchased the property and the dwelling, which was constricted in 1940, for occupancy as their residence in 2001. The 4 1 ~SNO~ 10-2014(. )CT22-BOS-RPT applicants were first informed when they tried to replace and enlarge a detached accessory building that the property was zoned Community Business (C-3). This commercial zoning has existed on the property since the 1960s, likely due to a business being operated incidental to the former owner's residence. The dwelling and accessory buildings are considered legally non-confornung uses since they existed prior to the change in zoning on the property to commercial. As outlined in the Zoning Ordinance, a legally non-confornung use, building or stricture cannot be enlarged, extended, reconstnicted, substituted, or stnicturally altered unless the use is changed to a use perntted in the zoning district. The commercial zoning prohibits the applicants from malting improvements they propose to the dwelling and outbuildings. In addition, if the dwelling and/or accessory buildings were to be destroyed or damaged (by fire, flood, earthquake, explosion, war, riot, storm or other act of God as outlined in the Zoning Ordinance) to an extent where the estimated reconstniction cost, exclusive of foundation, exceeds fifty (50) percent of the assessed value, they could not be restored, reconstnicted or used as a residence again. The applicants are requesting to rezone the property from C-3 to Residential (R-12) so their residence will become a legal use and they can replace, expand and repair the dwelling and outbuildings in compliance with the Ordinance. The applicants do not plan to fiirther develop their property. (Proffered Condition) CONCLUSIONS The proposed zoning and land use conform to the Jefferson Davis Highway Corridor Plan, a component of the Comprehensive Plan, which suggests the property is appropriate for Residential use (2.51-4 units/acre). In addition, maintaining the single family residential use of the property is compatible with existing and anticipated residential use in the area. With the approval of this request, the applicants' personal residence and accessory buildings would be permitted by-right, no longer bound by limitations of the ordinance as a legally non- confornung use. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (9/16/14): The applicant accepted the recommendation. There was no opposition present. Mr. Patton noted that the proposed residential zoning and current land use are in conformance with the Plan. 1 ~SNO~ 10-2014(. )CT22-B( )S-RPT On motion of Mr. Patton, seconded by Dr. Brown, the Commission recommended approval and acceptance of the proffered condition on page 2. AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller. The Board of Supervisors, on Wednesday, October 22, 2014 beginning at 6:30 p.m., will take under consideration this request. 1 ~SNO~ 10-2014(. )CT22-B( )S-RPT ~ i r ' ' ~ ~i U .~ U ~.. ~ _„ ~ ~ w ;~ ~ ~. r ~ ..... ~ ~._ M5 ... .~ I~ r ~ [.. r ~,