04SN0114-Nov 25.pdfNovember 25, 2003 BS
STAFF' S
REQUEST ANALYSIS
RECOMMENDATION
04SN0114
Balzer & Assoc. Inc.
Dale Magisterial District
9636 Lockberry Ridge Loop
REQUEST:
Amendment to zoning (Case 97SN0269) relative to a tree preservation strip.
Specifically, the applicant wishes to amend Proffered Condition 15 for the request
property only which requires a twenty-five (25) foot tree preservation strip adjacent
to 'lots in Salem Woods.
PROPOSAL:
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 one (1) foot closer to the tree
preservation strip .than permitted by zoning. Therefore, the applicant wishes to
amend the zoning to allow a twenty-four (24) foot tree preservation strip instead.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF .THE PROFFERED CONDITION ON
PAGE 2.
AYES: MESSRS. LITTON, CUNNINGHAM, GULLEY AND STACK.
ABSENT: MR. GECKER.
STAFF RECOMMENDATION
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.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A'BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE.CONDITIONS
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-four (24) foot tree preservation strip :shall be maintained along the
southern property line adjacent to the existing residential lots within Salem
Woods, Section "E". All trees eight (8) inches in caliper or greater shall 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 (R42 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 9636
Lockberry Ridge Loop. Tax ID 779-665-9486 (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 residential
South --R-7; Single family residential
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UTILITIES~ ENVIRONMENTAL; AND PUBLIC FACII,ITIES
The requested amendment will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central AreaLand Use 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. Adjacent
properties to the south are zoned' Residential (R-7) and. are occupied, by single family
residences in the Salem Woods Subdivision.
It should be noted, if this request is approved, an amendment to the existing record plat will
be required for this lot.
Zoning History:
On July 23, 1'997, the Board of Supervisors approved a request for rezoning to Residential
(R-9) which included the request property (Case 97SN0269). Conditions 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-four (24) feet from the tree
preservation strip. Rather than reducing the setback and to allow for one (1) additional foot
of useable yard, the applicant is proposing to reduce the tree preservation strip' by one (1)
foot.
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.
CASE HISTORY
Planning Commission Meeting (10/21/03):
The applicant accepted the recommendation. There was no opposition present.
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On motion of Mr. Litton, seconded by Mr. Stack, the Commission recommended approval
and acceptance of the Proffered Condition on page 2.
AYES." Messers. Litton, Cunningham, Gulley and Stack.
ABSENT: Mr. Gecker.
The Board of Supervisors, on Tuesday, November 25, 2003, beginning, at 7:00 p.m, will take Under
consideration this request.
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