02SN0106-Oct24k.pdfOctober 24, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0106
David Orr
Matoaca Magisterial District
North line of Commonwealth Centre Parkway
REQUEST:
Amendment to Case 98SN0137, Proffered Conditions 10, 11 and 12 relative to
setbacks and buffers along the eastern property line-of the subject property.
Specifically, the 100 foot building setback would be reduced to eighty (80) feet; the
fifty (50) foot setback for parking areas and driveways would be eliminated; and the
thirty-five (35) foot buffer would be reduced to fifteen (15) feet.
PROPOSED LAND USE:
Commercial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
The conditions of zoning related to the setbacks and a buffer adjacent to the eastern prOperty line
were negotiated with the owner of the office'building located'on the adjacent property. After
consideration of public input, should the Commission and Board wish to approve this request,
amendment of the setback and buffer requirements would be appropriate.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS~ THE CONDITIONS
Providing a FIRST CHOICE Community Through Excellence in Public Service
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLEY BY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
(STAFF/CPC) 2.
For the area of the Property adjacent to Tax ID 736-676-7068, there
shall be an eighty (80) fOot setback for all buildings, inclusive of the
buffer outlined in Proffered Condition 2. (P)
(Note: This Proffered Condition supersedes Proffered Condition 10 of
· Case 98SN0137 for the request property only.)
For the area of the Property adjacent to Tax ID 736-676-7068, there
shall be a fifteen (15) foot buffer. The buffer shall conform to the
requirements of the Zoning Ordinance for 1.5 times the density of
Perimeter Landscaping C. (P)
(Note: This Proffered Condition supersedes Proffered Conditions 11
and 12 of Case 98SN0137 for the request property only.)
GENERAL INFORMATION
Location:
North line of Commonwealth Centre Parkway, west of Route 288. Tax ID 736-676-0954
(Sheet 16).
Existing Zoning:
C-4 with Conditional Use
Size:
4.2 acres
Existing Land Use:
Vacant
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Adjacent Zoning and Land Use:
North, South and West - C-4 with Conditional Use; Commercial
East - I-1 with Conditional Use Planned Development; Office
UTILITIES
Public Water and Wastewater Systems:
The requested modifications will not impact these facilities. Use of the public systems is
required as a previous condition of zoning. (Condition l, Case 98SN0137)
ENVIRONMENTAL
The proposed modification will have no impact on drainage, erosion control or Chesapeake Bay
Preservation requirements.
PUBLIC FACILITIES
Fire Service and TransportatiOn:
The requested amendment will have no impact on fire services or the transportation network.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swirl Creek Plan which suggests the property is
appropriate for regional mixed use.
Area Development Trends:
Properties to the north, south and west are zoned for regional business uses and are a part of
the Commonwealth Centre. development and are occupied by .or being developed for
commercial uses. Property to the east is zoned light industrial and is currently occupied by
an office use. It is anticipated that office and commercial development will continue to occur
in this area.
Zoning History:
On January 28, 1987, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning from Agricultural (A) and Residential (R-9) to
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Light Industrial (M- 1) with Conditional Use to permit use and bulk exceptions on the request
property and adjacent property (Case 86S 144). A retail, office and industrial complex was
planned.
On February 25, 1998, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning to Regional Business (C-4) with Conditional Use
on the request 'property and adjacent property (Case 98SN0137). With approval of Case
98SN0137, proffer&d conditions were accepted, which among other standards, addressed
setbacks and buffers adjacent to the eastern boundary of the request site and the eastern
boundary of the adjacent (C-4) property to the north of the request site. (Proffered
Conditions 10, 11 and 12 of Case 98SSN0137)
Buffers and Setbacks:
As noted, with the approval of Case 98SN0137, conditions were offered and accepted that
would require buffers and additional setbacks for uses on the request property and on the (C-
4) property to the north adjacent to an existing office use to the east. These conditions were
offered to address wishes of the owner of the office building on the adjacent property to the
east. The applicant wishes to modify these conditions on the request property only. The
original proffered conditions would remain on the adjacent (C-4) property to the north.
Specifically, Proffered Condition 10 required a 100 foot building setback along the eastern
boundary; Proffered Condition 11 required a thirty-five (35) foot buffer along the eastern
boundary; and a fifty (50) foot setback for parking and drive aisles along the eastern
boundary.
This request proposes to reduce the 100 foot building setback to eighty (80) feet; reduce the
thirty-five (35) foot buffer to fifteen (15) feet; and eliminate the parking setback since the
fifteen (15) foot buffer would in affect require a fifteen (15) foot setback (Proffered
Conditions 1 and 2). It should be noted that this amendment will not affect the adjacent (C-
4) property which will continue to be subject to Proffered Conditions 10, 11 and 12 of Case
98SN0137.
CONCLUSIONS
The conditions' of zoning related to the setbacks and a buffer adjacent to the eastern property line
were offered to address concerns by the owner of the adjacent office building. After consideration of
public input, should the Commission and Board wish to approve this request, amendment of the
setback and buffer requirements and acceptance of the proffered conditions state herein would be
appropriate.
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CASE HISTORY
Planning Commission Meeting (9/18/01):
The applicant accepted the recommendation. There was no opposition presem.
On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended approval
of this request and acceptance of the proffered conditions on page 2.
AYES: Unanimous
The Board of Supervisors, on Wednesday, October 24, 2001, beginning at 7:00 p.m., will take under
consideration of this request.
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