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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 2 02SN0106/WP/OCT24K 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 3 02SN0106/WP/OCT24K 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. 4 02SN0106/WP/OCT24K 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. 5 02SN0106/WP/OCT24K ZC A Gl C C-3 COMMO A C ZC 0-2 C ZC C-4 R-9 C ZC 800 0 800 Feet 02SN0106 -AMEND. ZONING · Sh.# 16 g Z LIJ 0 EXHIBIT B U.I 0 OZ ,.~/,1 o IOro- I / / / / ./ // / ~ ~ / t / / !