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04SN0246-June23.pdfJune 23, 2004 BS STAFF'S REQUEST ANALYSIS RECOMMENDATION 04SN0246 Richmond Affordable Homing Bermuda Magisterial District West line of Jefferson Davis Highway REQUEST: Rezoning from Multifamily Residential (R'iMF) to Community Business.(C-3). PROPOSED LAND USE: Access to property currently zoned for commercial uses is planned. However, with approval of this request the property could be developed for commercial uses. PLANNING coMMIssION RECOMMEN1DATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2: AYES: MESSRS. LITTON, BASS, GULLEY AND WILSON. ABSENT: MR. GECKER. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed zoning and land uses comply with the Jefferson Davis Corridor Plan which suggests the property is appropriate for general commercial use. The proposed zoning and land uses are compatible with existing and anticipated area development. Co The development standards of the Zoning Ordinance will ftu~her ensure land use compatibility with area development. 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) Location: Prior to any site plan approval or within 90 days of a written request by the County, whichever occurs first, an. access easement acceptable to-the TransportatiOn Department shall be recorded: from Jefferson'Davis Highway to the adjacent prOperty t° the north (Tax ID 790-680-5316).· (T) GENERAL INFORMATION . . . Fronts the west line of Jefferson Davis Highway, north of Bensley CommOns .BOulevard. i Tax ID 790-679-part of 0705 (Sheet 18). ' ' Existing Zoning: ' ' . R-MF with Conditional Use Planned Development Size: '0.8 acre Existing Land Use: Vacant Adjacent ZOning and Land Use: North - R-7 and C-3; Single family residential South - C-3; Multifamily residential East - C-3; Commercial West - C-3; Vacant UTILITIES This request will not impact the public water and wastewater systems. 2 04SN0246-JUNE23-BOS Drainage and Erosion: ENVIRONMENTAL The property drains southeast through an existing storm-sewer system to No Name Creek. There are no existing or anticipated on-. or off-site drainage or erosion problemS. PUBLIC FACILITIES . .. ' Fire Service: The Bensley Fire/Rescue Station, Company Number 3, currently provides- fire protection and emergency medical 'serVice (EMS). This request Will have only minimal impact on fire and EMS. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements Will be evaluated, during the plans review process. Transportation: The property (0.8 acre) is currently zoned Multifamily Residential (R-MF), The applicant, is requesting rezoning from R-MF to Community Business (C-3). This-request Will have a minimal impact on the transportation network. A private road (Tower Road) was-develOped on the property and is currently used by the WinChester Green mixed-use development to access Jefferson Davis Highway. Development must adhere to the Development Standards Manual in the Zoning Ordinance- relative to access and internal circulation (Division 5). Access to major arterials, such as Jefferson Davis Highway, should be controlled. The applicant has prOffered to record an access easement from Jeffers°n Davis Highway to the property to the north to allow shared use of this private road. (Proffered Condition) The property is located Within the Jefferson Davis Highway Enterprise Zone. Based on the Board of Supervisors? POlicy regarding development Within the Enterprise Zone, road improvements Will not be required by the County. Road improvements may be required by the Virginia Department of.Transportation. LAND USE Comprehensive Plan: Lies Within the boundaries of the Jefferson Davis Corridor Plan which suggests the property is appropriate for general commercial use. 3 04SN0246-JUNE23-BOS Area DevelOpment Tren&q: Area development is characterized by commercial uses along the Jefferson Davis Highway. frontage and residential or vacant properties off of the Corridor. ~ Zoning History_: On April 10, 1963, the Board of Supervisors granted zoning approval' .to allow the development of multifamily units on property that included the request property(Case 63,' 29)..SubSequently, Park Lee Garden. Apartments were developed On that property. ' .... On March 26, 1997, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, granted zoning approval to allow the development-of multifamily units on property that included.the-request property (Case' 97SN0180). The intent of Case 978N0180 was to demolish the Park Lee Garden Apartments and build another multifamily development at a lower density. Subsequently, the Winchester Green mul 'ttfamily complex was' developed on most of the property. The request site remains vacant 'and is planned:to provide access to recently zoned commercial property to the west. ' -' '" ' - ' Development Standards: ~ Currently, the request property lies within .the Jefferson DaVis HighWay Northern' Area Post Development Area. The purpose of the Post Development Area standards is :to~ ": provide flexible design criteria in areas that have already experienced' development and. ensure continuity of development. Redevelopment of this site-or new construction must: conform to the requirements' of the Zoning Ordinance, which address .acceSS,' parking; ~' landscaping, architectural treatment, setbacks, signs, buffers} utilities and screening Of dumpsters and loading areas. Buffers and Screening: .... ..- The Zoning Ordinance requires that solid waste storage areas I~i.e:',.'dumpsters, .garbage cans, trash compactors, ete.)-on Property which is adjacent to an Ror R-MF District be screened from view of such district by a masonry or concrete wall:which is constructed of -: comParable materials to, and designed to be Compatible' with;the principal building that' ~ such area serves. In addition, such area within 1,000 feet of'any R or R~MF District must. not be serviced between the hoursof 9:00 p. m. and 6:00 a. m. Further, sites must be deSigned and buildings oriented so. that'loading areas are screened from adjacent properties where loading areas .are not permitted and from public rights-of With the approval of this reqUest, outside storage would be permitted as a restricted use.: Outside storage areas must be screened from view of adjacent properties where such areas are not permitted and from public rights of way. 4 04SN0246-JUNE23-BOS A portion of adjacent, property to the north is zoned Residential (R-7) and is occupied by a-single-family residence. The. Zoning Ordinance requires a minimum twenty-five (25) foot buffer along the northern property boundary of the request site where adjacent to the residentially zoned property or the site must be designed such that the walls Of' the buildings act as screening, It should be noted, with approval of this request, the existing private roadway would become legally :non-conforming, and would therefore not be subject to the buffer requirements of the C-3 zoning. HoWever, should the roadway be removed and reconstructed or some other use develop On the Property, the requirements of the C,3 District would be applicable to include buffer or site design requirements. CONCLUSIONS The proposed zoning and land uses complies with the 'Jefferson DaviS Corridor Plan which suggests the property is appropriate for general.cOmmercial use; In addition,' the proposed zoning and .land uses are compatible with existing and anticipated area development. The development standards of the Zoning Ordinance will further ensure land use compatibility with area development. Given these considerations, approval of this request is.recommended. CASE.HISTORY '- . Planning Commission Meeting (5/18/04): : "' ~' ' The applicant accepted the recommendation. There was no' opposition present. On motion of Mr.' Wilson, seconded by Mr. Gulley,' the 'Commission recommended approval, and acceptance of the proffered condition on Page 2. AYES: Messrs. Litton, Bass, Gulley and Wilson. ABSENT: -Mr. Gecker. The Board of Supervisors, on Wednesday, June 23, 2004, beginning at 7:00 p.m., willtake under consideration this request. 5 04SN0246-JUNE23-BOS