80S174 STAFF REPORT
CASE #80S174
BERMUDA ASSOCIATES
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March 25, 1981 (BS)
REQUEST: An amendment to zoning Case #77S122 to permit deletion of a buffer
condition.
SUBJECT PARCEL: LOCATION, ACREAGE AND USE: Bermuda Magisterial District.
This parcel lies in the southeast quadrant of the intersection of West Hundred
Road and Jefferson-Davis Highway and is better known as Bermuda Square
Shopping Center. Tax Map 116-11 (1) Parcel 9 and 116-6 (1) Parcel 23 (Sheet 32).
RECOMME NDAT I ON
Recommend denial for the following reasons:
A. The buffer conditions, as imposed by the Board of Supervisors,
were to protect the residents of the adjacent mobile home park from
nuisances resulting from commercial use of the request parcel. These
considerations are valid today, just as they were in 1977, and therefore,
there is no overriding reason to delete the requirement. However, to
further clarify the time frame for installation of the buffer, it is
recommended that the following condition be imposed.
CONDITION:
The buffer, as previously imposed by the Board of Supervisors, shall be
installed for the entire length of the mobile home park's northern property
line and for a sufficient length along the park's eastern property line so
as to screen loading areas and dumpsters. A plan for this screening shall
be submitted to Development Review for approval and screening shall be
accomplished within sixty (60) days of the Board's final action. At such
time that the southern portion of the request parcel develops (specifically,
the property east of the mobile home park), the fence and plantings shall be
extended for the length of the mobile home park's eastern property line.
At such a time that mobile home park use ceases on the adjacent property
and commercial use commences, these buffer conditions shall be eliminated.
SUPPORTING INFORMATION
ADJACENT ZONING AND LAND USE:
North - B-3, Commercial Use
South - A with a Conditional Use,
C & P Telephone Offices, commercial
use or vacant
East- B-3 and A, Commercial use,
single family residential use
or vacant
West - B-3 and B-2, Commercial
use and Dodd's Mobile
Home Pa rk
GENERAL PLAN: Multi-family residential and commercial use.
UTILITIES; SOILS, DRAINAGE AND EROSION; TRANSPORTATION AND TRAFFIC; AND
PUBLIC FACILITIES:
Due to the nature of this request, these portions of the report have been
eliminated.
DISCUSSION: In 1977, the Board of Supervisors rezoned the southern portion of
this property to Community Business (B-2), subject to the condition that a six
(6) foot high solid board fence be installed along the northern and eastern
boundary of the mobile home park which lies adjacent to the request parcel.
This fence was to be offset five (5) feet from the property line with vegetation
planted along the outside of the fence line. The applicants had requested B-3
zoning which was subsequently denied and B-2 zoning was approved. It was the
opinion of the Board that B-3 zoning was too intense for the request parcel and
furthermore, it was indicated through the imposition of the buffer condition
that residents of the mobile home park should be afforded some protection from
the nuisances associated with commercial use of the request parcel.
Bermuda Square Shopping Center has been constructed on the northern portion
while the southern portion which lies to the east of the mobile home park is
undeveloped. Future use of the vacant parcel has not been indicated.
The shopping center's loading areas and dumpsters are visible to the mobile
homes which occupy the northern and northeastern portion of the mobile home
park. The reasons for imposition of the buffer condition are numerous. Buffers
protect incompatible land uses from nuisances such as noise and infiltration of
lights and dust. Buffers also provide some degree of privacy. The mobile home
park, although zoned Community Business (B-2), is a residential land use. The
residents of the park should be afforded the same protection as any other
residential type dweller. In this respect the Zoning Ordinance specifically
requires that loading areas in commercial districts be screened from adjacent
property which is zoned residentially. In this case, however, the mobile home
park is a non-conforming use in a commercial district and therefore, buffer
conditions, as required if the property were zoned Mobile Home Park (MH-1), are
not applicable. It was, therefore, the opinion of the Board that buffer
conditions should be imposed at the time of zoning so as to insure that the
residents of the mobile home park are not adversely affected. Staff is of the
opinion that concerns, as previously expressed by the Board, are still valid
today and therefore, the buffer condition should remain intact. At present,
however, buffering is not necessary for the entire length of the eastern
property line of the mobile home park since property to the east is not
developed. Screening is only necessary for the length of the northern property
line and a portion of the eastern property line. At such time that the
remaining southern portion of the request parcel is developed and if the mobile
home park still exists, then the buffer should be extended for the entire length
of the mobile home park's eastern property line.
--~ 2 --' 80S174
CASE HISTORY
Planning Commission Meeting:
(12/16/80) Because there was no one present to represent this application,
the case was deferred for thirty (30) days.
Planning Commission Meeting:
(1/20/81) The Commission deferred this case for thirty (30) days in
order to allow the Bermuda District Commissioner an opportunity to discuss
the application with the owner of the mobile home park which abuts the
subject property.
Planning Commission Meeting:
(2/17/81) It was noted that the residents of the adjacent mobile home
park should be afforded some protection from the nuisances associated with
the shopping centers' activities. The Commission resolved that the previously
imposed buffer condition be amended to allow the applicant two (2) years to
construct the buffer area and to allow the owner Of the mobile home park
time to relocate any mobile homes which might interfere with construction of
the buffer area.
On a motion of Mr. Crump, seconded by Mr. Belcher, it was recommended that
the previously imposed buffer condition be amended as follows:
The buffer, as previously imposed by the Board of Supervisors, shall be in-
stalled for the entire length of the mobile home park's northern property
line and for a sufficient length alongthe park's eastern property line so as
to screen loading areas and dumpsters. A plan for this screen shall be sub-
mitted to Development Review for approval and screening shall be accomplished
within two (2) years of the Board's final action. At such time that the
southern portion of the request parcel develops (specifically the property
east of the mobile home park), the fence and planting shall be extended for
the length of the mobile home park's eastern property line. At such a time
that the mobile home park use ceases on the adjacent property and commercial
use commences, these buffer conditions shall be eliminated.
AYES: Messrs. Howard, Belcher, Crump and Williams
ABSENT: Mr. O'Neill
The Board of Supervisors on Wednesday, March 25, 1981 beginning at 2:00 p.m.,
will take under consideration this request for zoning.
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