The URL can be used to link to this page

08SN0214 May 20, 2008 CPC June 25, 2008 BS STAFF’S REQUEST ANALYSIS AND RECOMMENDATION 08SN0214 The Rebkee Company Bermuda Magisterial District Northeast quadrant of Iron Bridge and Chalkley Roads REQUEST: AmendmentofConditional Use Planned Development (Case 87S090) to permit drive-in window in conjunction with pharmacy use.(Textual Statement) PROPOSED LAND USE: Commercial uses are planned. With approval of this request, pharmacies, which are currently permitted by conditions of zoning, could incorporate drive-in window facilities. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2. STAFF RECOMMENDATION The conditions restricting uses were negotiated with area property owners. After consideration of public input, should the Board wish to approve this amendment, imposition of the Condition would be appropriate. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER 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 CONDITIONSRECOMMENDED BY THE PLANNING COMMISSION.) íËÎÇÔÙÔÏÖÜ÷ôëêéúõîôúøÚÎÐÐÈÏÔÉÄÉÕËÎÈÖÕØÅÚØÑÑØÏÚØÔÏÍÈÛÑÔÚÊØËÇÔÚØ CONDITION (STAFF/CPC)Uses permitted shall include drive-in windows in association with pharmacy use. (P) (Note: This Condition is in addition to the Textual Statement Items III and IV of Case 87S090 for the subject property.) GENERAL INFORMATION Location: Northeast quadrant of Iron Bridge and Chalkley Roads. Tax IDs 779-653-7767 and 780- 654-Part of 0821. Existing Zoning: C-2 with Conditional Use Planned Development Size: 11.9 acres Existing Land Use: Commercial or vacant Adjacent Zoning and Land Use: North – R-MF with Conditional Use PlannedDevelopment; Vacant (Magnolia Lakes under construction) South, East andWest – C-2, C-3 and C-5; Commercial or vacant UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES The proposed amendment will have no impact on these facilities. LAND USE Comprehensive Plan: Lies within the boundaries of theChester Plan which suggests the property is appropriate for community-mixed uses to include residential development of up to four (4) units per acre. êï óèïûîêëíé Area Development Trends: The area is characterized by commercial development along the north and south lines of Iron Bridge Road at its intersection with Chalkley Road. Properties north and west of this commercial node have been or are currently being developed for residential uses of various densities. Zoning History: On December 9, 1987, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved the rezoning of an eighty-two (82) acre tract located on the north line of Iron Bridge Road and the east line of Chalkley Road to Residential Townhouse (R-TH), Office Business (O) and Convenience Business (B-1) with Conditional Use Planned Development to permit a mixed use development (Case 87S090). Fifty-two (52) acres included in the 1987 case were rezoned to Residential Multifamily (R-MF) in 2004 as the Magnolia Lakes project. The subject property, the adjoining C-2 property to the west (Tax ID 780-653-5018) and an R-7 property south of and adjacent to Buxton Subdivision continue to be subject to the conditions of Case 87S090. Conditions of Case 87S090 limit uses on the commercial tracts to those uses permitted in the Convenience Business (B-1) District plus several use exceptions. Pharmacies exclusive of drive-in windows were permitted in the B-1 District, as discussed herein. Uses: Conditions of Case 87S090 limit uses in Area 3 of the approved Master Plan to those uses permitted in the Convenience Business (B-1) District (Reference attached Plan). Uses in Areas 4 and 5 are limited to B-1 uses plus department stores, health clubs, printing shops, two (2) drive-in restaurants and emergency medical center uses. Whereas pharmacies were permitted in the B-1 District, they did not include the incorporation of drive-in windows. Drive-in establishments were first permitted in a General Business (B-3) District. The applicant is requesting an amendment to conditions of zoning (Textual Statement Items III and IV) to permit drive-in windows for pharmacy use. (Condition) Currently, the Ordinance permits pharmacies incorporating drive-in windows in all commercial districts. CONCLUSION The proposed use does comply with thePlan. However, the conditions restricting commercial uses were negotiated with area property owners. After consideration of public input, should the Commission and Board wish to approve this amendment, the impositionof the Condition as it affects the subject property would be appropriate. êï óèïûîêëíé CASE HISTORY ______________________________________________________________________________ Planning Commission Meeting (5/20/08): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended approval subject to the Condition on page 2. AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller. The Board of Supervisors, on Wednesday, June 25, 2008, beginning at 6:30 p.m., will take under consideration this request. êï óèïûîêëíé éî