91SN0142May-~t~-~99t-6PB
July 24, 1991 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
91SN0142
Charles Douglas Spencer
and
Virginia F. Spencer
Dale Magisterial District
West line of Turner Road and
south line of Belmont Road
REQUEST: Rezoning from Light Industrial (M-I) to Community Business (C-3), with
Conditional Use relative to outside storage.
PROPOSED LAND USE:
A contractor's office with service and storage facilities is planned.
The applicant has proffered to restrict uses to the following: (1)
Any permitted uses as regulated in the C-2 District; (2) Carpenter
and cabinetmaker's offices and display rooms; (3) Contractor's
offices and display rooms; and (4) Electrical, plumbing or heating
supply sales, service and related display rooms, k Conditional Use is
requested to permit outside storage that exceeds ten (10) percent of
the gross floor area of the principal use.
PLANNING COMMISSION RECO~94ENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3.
STAFF RECO~94ENDATION
Recommend denial for the following reasons:
The proposed Community Business (C-3) zoning and land uses do not
conform to the Central Area Land Use and Transportation Plan, which
designates the request property and surrounding area for light
commercial use.
The proposed zoning and land uses are not compatible with area
residential uses to the east, along Turner Road.
(NOTE: THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAMF AND
THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECObg~ED SOLELY BY STAFF.
the western boundary of the outside storage area. The height of
fences shall be such that the view of vehicles, other than those
specified in the note under Proffered Condition 6, shall be
minimized and such that all other equipment and materials do not
exceed the height of the fences. Ail gates to outside storage
areas shall remain closed at all times that the outside storage
area is not being accessed.
(ccc)
Construction equipment and construction vehicles shall be parked
within outside storage areas.
(NOTE: Automobiles, station wagons, light vans and pick-up
trucks designed primarily as passenger vehicles shall be excluded
from this requirement.)
(NOTE: Prior to commencing any improvements, site plans must be
submitted to the Planning Department for approval.)
GENERAL INFORMATION
Location:
West line of Turner Road and south line of Belmont Road. Tax Map 40-15 (1)
Parcel 6 (Sheet 15).
Existing Zoning:
M-I with Conditional Use Planned Development
Size:
1.24 acres
Existing Land Use:
Contractor's office with accessory service and storage facilities
Adjacent Zoning & Land Use:
North - A with Conditional Use and B-2; Commercial
South - B-2; Commercial
East - R-7 and B-2; Single family residential or commercial
West - B-2; Commercial
PUBLIC FACILITIES
Utilities:
The existing structures are currently connected to the public water and
wastewater systems. Therefore, the applicant's request shall have no
impact on the public systems.
3 91SN0142/PC/JULY24K
convenience store with gasoline sales and a car wash. The commercial uses
located in the immediate area would best be characterized as neighborhood-
and community-type uses which serve the surrounding residential
neighborhood. Property to the east, along Turner Road, is zoned and
developed residentially.
Zoning History:
On April 23, 1980, the Board of Supervisors, upon a favorable
recommendation by the Planning Commission, approved rezoning from Co~m~nity
Business (B-2) to Light Industrial (M-l) with Conditional Use Planned
Development on the request property (Case 80S054). With the approval of
Case 80S054, the use of the property was restricted to the manufacturing of
vibrating conveyor belts, exclusively. Conditions were imposed to address
access, architectural treatment, landscaping, setbacks, signage, paving,
and screening of parking and loading areas. With the exception of loading
and unloading, all activities associated with the manufacturing use,
including storage, was required to be conducted entirely within the
enclosed building. Further, there was a requirement to landscape along
Turner Road to screen truck loading and parking areas from Turner Road and
residences to the east. It should be noted that this landscaping and
screening has not been maintained and is currently ineffective or
non-existent.
Site Design:
The request property is occupied by a large corrugated metal building with
associated outside storage, parking and driveways. Access is provided to
both Belmont and Turner Roads. It should be noted that parking areas have
not been screened, in accordance with conditions of zoning approval for
Case 80S054. Further, portions of the existing parking area and site are
currently being utilized to store cable, other equipment, and inoperative
vehicles. As previously noted, the current zoning prohibits outside
storage.
The request property lies within an Emerging Growth Area. Any
redevelopment of the site 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.
Architectural Treatment:
Within Emerging Growth Areas, no building exterior which would be visible
to any residential district, office district or any public right of way may
consist of architectural materials inferior in quality, appearance, or
detail to any other exterior of the same building. There is, however,
nothing to preclude the use of different materials on different building
exteriors, but rather, the use of inferior materials on sides which face
adjoining property. No portion of a building constructed of unadorned
concrete block or corrugated and/or sheet metal may be visible from any
adjoining residential district or any public right of way. No building
exterior may be constructed of unpainted concrete block or corrugated
5 91SN0142/PC/JULY24K
Commission and Board wish to approve a limited number of C-3 uses with
outside storage, there should be no expansion of the existing structures to
accommodate such uses. (Proffered Conditions 3 and 4)
It should be noted that the existing parking areas have been constructed
within the required setback along Turner Road. The encroachment must
either be corrected or a Variance obtained from the Board of Zoning
Appeals.
CASE HISTORY
Planning Commission Meeting (3/19/91):
At the request of the applicant, the Commission deferred this case for
thirty (30) days to allow the applicant and staff to meet and discuss
proffered conditions to further regulate the. C-3 uses and outside storage
areas.
Staff, Applicant and Applicant's Representative (4/15/91):
A meeting was held on the site to discuss the uses and possible proffered
conditions.
Applicant (5/15/91):
The revised proffered conditions were submitted.
Planning Commission Meeting (5/21/91):
At the request of the applicant, the Commission deferred this case for
thirty (30) days.
Staff, Applicant and Dale District Commissioner (5/30/91):
A meeting was held on the site to review the operation and the proffered
conditions.
Applicant (6/18/91):
The applicant submitted revised Proffered Conditions 1 and 4, as stated
herein.
7 91SN0142/PC/JULY24K
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CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE
PLANNING COMMISSION. )
PROFFERED CONDITIONS
(c c)
Uses shall be restricted to any permitted or restricted
Neighborhood Business (C-2) use; provided, however, that for a
period not to exceed five (5) years from the date of approval,
the following uses shall also be permitted:
a. Carpenter and cabinetmakers' offices and display rooms;
b. Contractors' offices and display rooms; and
Electrical, plumbing or heating supply sales, service and
related display rooms.
(c c) 2.
Prior to issuance of an occupancy permit for any redevelopment
that would generate a significant increase in traffic above the
traffic generated by the current use, as determined by the
Transportation Department, additional pavement shall be
constructed along Turner Road at the approved access to provide a
left turn lane.
(cpc)
(cPc) 4.
Other than the improvements specified herein and normal
maintenance, there shall be no additions or alterations to the
property to accommodate carpenter and cabinetmakers' offices and
display rooms; contractors' offices and display rooms; and
electrical, plumbing or heating supply sales, service and related
display rooms.
Outside storage shall be permitted for a period not to exceed
five (5) years from the date of approval for the following uses
only:
a. Carpenter and cabinetmakers' offices and display rooms.
b. Contractors'.offices and display rooms.
(cPc) 5.
Electrical, plumbing or heating supply sales, service and
related display rooms.
Outside storage shall be confined to the northernmost parking
area and the existing fenced area on the south side of the
existing building. Outside storage areas shall be screened from
adjacent properties and public rights of way. The southernmost
outside storage area shall be screened with a solid board fence.
The northernmost outside storage area shall be screened by a
combination of a solid board fence, the building, and
landscaping. Specifically, a solid board fence shall be
installed from the northeast corner of the building around the
eastern and northern boundary of the northern outside storage
area. Further, additional landscaping shall be installed along
2
91SN0142/PC/JULY24K
Drainage and Erosion:
Since there are no planned site improvements, there should be no drainage
or erosion problems.
Fire Service:
Dale Fire Station, Company #11.
The proposed zoning and land uses will not generate additional need for
fire protection services.
Transportation:
This request will not limit development to a specific land use; therefore,
it is difficult to anticipate traffic generation. Based on convenience
market trip rates, which is a permitted use within the requested zoning,
development could generate approximately 3,548 average daily trips. The
property is currently being used for a contractor's office and warehouse.
Based on general office trip rates, the development generates approximately
219 average daily trips. These vehicles are distributed along Belmont and
Turner Roads, which had 1990 traffic counts of 14,211 and 11,495 vehicles
per day, respectively.
Development must adhere to the Zoning Ordinance relative to access and
internal circulation (Article 7). The applicant has proffered that if
redevelopment of the site generates a significantly higher volume of
traffic above the current site traffic generation, additional pavement will
be constructed along Turner Road at the approved access to provide a
left-turn lane (Proffered Condition 2). Constructing this improvement will
require widening in front of the properties south of this site. At the
time of site plan review, specific recommendations will be provided
regarding access and internal circulation, to include possible shared
access on Belmont Road with adjacent property to the northeast (Southland
Corporation).
LAND USE
General Plan:
Lies within the boundaries of the Central Area Land Use and Transportation
Plan, which designates the property for light commercial use.
Area Development Trends:
Development in the vicinity of the intersection of Belmont and Turner Roads
is characterized by a mix of light commercial and single family residential
zoning and land uses. In particular, the property immediately adjacent to
the request site located in the southwest quadrant of the intersection of
Belmont and Turner Roads, is zoned B-2 and occupied by a vacant convenience
store. Property to the south and west is occupied by a grocery store.
Properties to the north, across Belmont Road, are zoned Agricultural (A)
with a Conditional Use and are occupied by a day care center and
4
91SN0142/PC/JULY24K
and/or sheet metal. Mechanical equipment, whether ground-level or rooftop,
must be shielded and screened from public view and designed to be perceived
as an integral part of the building. The existing structure does not
conform to these standards. Any new construction must conform to these
requirements.
Buffers & Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e.,
dumpsters, garbage cans, trash compactors, etc.) be screened from view of
adjacent property and public rights of way by a solid fence, wall, dense
evergreen plantings or architectural feature, be separated from any
~ residentially zoned property or any property being used for residential
purposes by the principal building, and that such area within 1,000 feet of
any residentially zoned property or property used for residential purposes
not be serviced between the hours of 9:00 p.m. and 6:00 a.m. In addition,
if the property is redeveloped, the site must be designed, and buildings
oriented, so that loading areas are screened from any property where
loading areas are prohibited and from public rights of way.
With the approval of C-3 zoning, outside storage would be permitted as an
accessory, restricted use, limited to a maximum of ten (10) percent of the
gross floor area of the principal use. As noted herein, the applicant
seeks a Conditional Use to permit outside storage in excess of the ten (10)
percent limitation. If this request is approved, outside storage areas
must be screened from view of adjacent properties and public rights of way.
(Proffered Conditions 5 and 6)
Conclusions:
The proposed Community Business (C-3) zoning and land uses do not conform
to the Central Area Land Use and Transportation Plan, which designates the
request property and surrounding area for light commercial use. The intent
of the Plan was to provide an area at a major intersection for
neighborhood- and community-type uses to serve the surrounding residential
area. In addition, the proposed zoning and land uses are not compatible
with area residential development to the east, along Turner Road.
As noted herein, approval of Case 80S054 the request property was rezoned
from Community Business (B-2) to Light Industrial (M-l) with a Conditional
Use Planned Development which restricts the use of the property to the
manufacturing of vibrating conveyor belts. The current M-1 zoning
prohibits outside storage to the interior of the building and restricts all
activities associated with the use, with the exception of parking, loading
and unloading. Given the surrounding land uses and the adopted Plan, staff
is of the opinion that the proposed use is too intense and could inhibit
redevelopment of the area for neighborhood- and community-type services.
However, given the existing site improvements, which consist of a large
utility-type structure and limited parking, conversion of these facilities
for neighborhood- or community-type uses may be difficult. Should the
6 91SN0142/PC/JULY24K
Planning Commission Meeting (6/18/91):
The applicant accepted the Planning Commission's recommendation. An
adjacent property owner was present who was interested in the proposed
uses.
On motion of Mr. Miller, seconded by Mr. Perkins, the Commission
recommended approval of this request and acceptance of the proffered
conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors on Wednesday, July 24, 1991, beginning at 2:00 p.m.,
will take under consideration this request.
8 91SN0142/PC/JULY24K