04SN0166-Feb25.pdfFebruary 25, 2004 BS
STAFF'S
. REQUEST ANALYSIS
RECOMMENDATION
04SN0166
Melvin L. Fisher
'Bermuda Magisterial District
East line of Jefferson Davis Highway
REQUEST: Amendmem to Conditional Use (Case 00SN0262) to delete a required setback, plus
Conditional Use Planned Development to allow a setback exception.
PROPOSED LAND USE:
Expansion of an existing adjacent business (retail Sale of display buildings and
structures) is planned. With approval of this request, no setbacks would be required
for display areas, buildings, drives and parking areas 'from Jefferson Davis Highway
nor'would landscaping be required along this frontage.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reason:
Approval of this request undermines the commercial revitalization strategies of the Jefferson
Davis Corridor Plan in shaping the community identity of gateway locations along the
corridor.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDmONS.)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
GENERAL INFORMATION
Location:
Southeast quadrant of the intersection of Jefferson Davis Highway and Pinehurst Street. Tax
IDs 795-664-7592 and 795-665-6610, 7102 and 8407 (Sheet 26).
Existing Zoning:
A with COnditional Use
Size:
1.1 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land. Use:
North - C-5; Single family residential.or vacant
South - C-3; Commercial.°r single family residential
East -R-7; Single family residential
West - I-1; Office/warehouse
UTILITIES; ENVIRONMENTAL; AND PUBLIC'FACIlJTII~,~
The requested amendment will have no impact on these facilities.
LAND USE ..
Comprehensive Plan:
Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the property
is appropriate for a mix of commercial, office and light industrial uses that serve a regional
market.
One (1) of the commerCifl revitalization strategies of the Plan.is to target critical.entrances or
gateway.locations along the corridor to unify development efforts and Shape community
identity. Such consolidation and coordination of development provides opportunities for site
design and access control and precludes the typical strip development patteTM experienced
along portions of Jefferson Davis Highway.
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Area Development Trends:
Properties to the north, east and southeast of the subject parcels are currently zoned General
Commercial (C-5), Residential (R-7) and Community Business (C-3) and are developed for
single family residential uses or are vacant. Property to the south is zoned Community
Business (C-3) as is occupied .by the applicant's existing retail sales business (display
buildings). Property to the west is zoned Light Industrial (I-l) and is developed for
office/warehouse uses. Located west of 1-95 and north of the Route 288/Jefferson Davis
Highway interchange, it is anticipated that the pressure for non-residential development will
increase with the future extenSion of Route 288 into Henrieo County..
Zoning History:
Property to the south 'of the subject parcels is zoned Community Business (C-3).and is
currently occupied by the applicant's business which is the retail sale of display buildings
and structures (Tax ID 795-664-7984). At the time this business was established, the
property was zoned Community Business (B-2) which permitted the sale and continuous
outside display of storage buildings. Subsequent, amendments to the Zoning-'Ordinance
established this use as permitted in the General Business (C-5)District. As a result, the
applicant's current operation on this adjoining prop?rtY is considered a non-conforming use.
Further, in 1994, the applicant received Variances to locate these displayed items at the front
property line along Jefferson Davis Highway and approximate!y seven (7) feet from the rear
lot.line. (94AN0106)
On February 28, 2001, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a rezoning from Community Business (C,3).to Agficultural
(A) with Conditional Use to permit Community Business (C-3) uses plus display sheds,
garages, carports and houses sales including "shell?' houses sales, a General Business (C-5)
use (Case 00SN0262). The expansion of.the existing adjacent business to the south was
planned.~ Conditions of this approval includeda'twenty-five (25) foot setback from the
ultimate right.of way of Route 1/301 for all display~areas,buildings, drives'and parkingareas
(Condition 3.c). Landscaping wOuld be required within this setback,
Site Design:
The request property lies within a Highway CorridOr District. Development standards for this
district are applicable only to properties zoned office, commercial or industfial; With Case
00SN0262, the applicant proffered that development would conform to the requirements .of
the Zoning Ordinance for the Jefferson Davis Highway Corridor:which address access,
parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities and screening
of dumpsters and loading areas, except as fia~er restricted by proffered conditiOns
(Proffered Conditions 3.d and 4). Specifically, should the property be used for the retail-sale
of display buildings and stmcmres, proffered conditions would require landscaped setbacks
from the ultimate right of way of Route 301 for display areas, buildings, drives and parking
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(Proffered Condition 3.c). Currently, the Zoning Ordinance does not require setbacks for
such improvements nor landscaping along public roads other than limited access roads.
The current request would' eliminate the twenty,five (25) foot landscaped setback required
for display areas, buildings, drives and parking areas along Route 1/301 (Proffered Condition
3.c, Case 00SN0262). With the elimination of this setback, the underlying setbacks for the
Agricultural (A) District would apply, which are a minimum of forty (40) feet or 150 feet
depending upon the recordation date of the request parcel. The applicant has requested a
Conditional Use.planned Development to. eliminate these Agricultural (A) standards as well.
As a result, these improvements could be located adjacent to the ultimate right of way for
Route 1/301 with no provisions for landscaping along this corridor frontage.
In the evaluation of Case 00SN0262, staff noted that although the Jeffers°n Davis Corridor
Plan suggests the property is appropriate'for a mix of uses to.include eommerci'al, office and
industrial development, the P1an suggests.that new Commercial activity shouldbe aggregated
to accommodate a sufficient project size, design and location to serve aregional market.
.Such consolidation and coordination of development provides oppOrtunities. for site design-
and access control and precludes the typical strip development pattern eXperienced along
portions of Jefferson Davis Highway. Although the'request did not meet these criteria, the
proffered conditions limited.the.scale, character and the permanency, of this C-5 operation,
thereby reserving the redevelopment potential.of the property. Conditions, such as setbacks
and landscaping along Route 1/301, were negotiated with the applicant.to ensure that the
design and character of this temporary use would not detract frOmthe area's redevelOPment
potential-as a gateway location along the'corridor.
CONCLUSIONS
One (1) of the commercial revitalization strategies of the Plan is to target critical entrances or
gateway locations along the corridor to unify development efforts and shape community identity.
Located west ofi-95 and north ofthe Route 288/Jefferson Davis Highway interchange, this property
has been identified as one (1) ofthese important locations. With the future extension of.RoUte 288
into Heurico County, it is anticipated that the pressure for non-residential-development will increase,
making parcel assemblage a key to.the long term viability of the Route 288 interchange and Jefferson
Davis Highway.
Elimination of setbacks and landscaping along the subject property's Route 1/301 frontage
undermines the commercial revitalization strategies of the Jefferson:Davis Corridor Plan in-Shaping
the community identity of gateway locations along the corridor.
Given these Considerations, denial of.this request is recommended.
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04SN0166-FEB25-BOS.
CASE HISTORY
Planning Commission Meeting (12/16/03):
At the request of the applicant, the Commission deferred this case to January 20, 2004.
Staff (12/17/03):
The.applicant was advised in writing that any significant new or revised information should
be submitted no later than December 22, 2003, for consideration at the Commission's
January 20, 2004, public hearing. Also, the applicant was advised that a $230.00 deferral fee -
must be paid prior to the Commission's public hearing.
Applicant ( 12/22/03 ):
To date, no new information has been received; nOr has 'the applicant paid the $230.00
deferral fee.
Applicant (1/14/04):
The deferral fee was paid.
Planning Commission Meeting (1/20/04):
The applicant did not accept the recommendation. There was no opposition present:
Mr. Wilson noted that the previous agreed upon setback represents a.commitment to the
Jefferson Davis Corridor Plan and that he could not support eliminating the condition.
On motion of Mr. Wilson, seconded by Mr. Gulley, the Commission recommended denial of
this request.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 25, 2004, beginning at 7:00 p.m., will take under
consideration this request.
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