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CL- 2128 New Business   Item #:   F.    
City Council Regular Meeting
Meeting Date: 06/04/2019  
Subject:    Request for a Special Use Permit for a Waiver of District and Yard Setback Requirements at 201 Eastwood Drive
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     06/04/2019
SUMMARY
A request has been made by Driftwood LLC for a Special Use Permit for a waiver of district and yard setback requirements in accordance with Article 3.O, Section C, Items 19 and 25 of the Code of the City of Danville, Virginia 1986, as amended, at 201 Eastwood Drive, otherwise known as Grid 2716, Block 005, Parcel 000013 of the City of Danville, Virginia Zoning District Map.  The applicant is proposing to waive requirements for the change in minimum district size and yard setbacks when rezoning the property to the LED-I “Conditional” Light Economic Development Industrial District.
BACKGROUND
The property is currently not in use, although a gym facility was most recently located here.  A children’s consignment shop, furniture rent-to-own businesses, and a truck distribution business have also operated on the property in the past.
 
The property was originally zoned for residential use before being rezoned for commercial use in 1997 (203 Eastwood Drive only).  A later conditional rezoning in 1998 consolidated 203 and 205 Eastwood Drive for commercial use. The conditions/proffers of the 1998 rezoning were offered by the applicant to address concerns about the impact of commercial development on residential properties to the south on Eastwood Drive.  However, the conditions/proffers no longer apply after a City-wide rezoning in 2004. 

At their meeting of May 13, 2019, the Planning Commission voted 6-0 (Commissioner Garrison absent) to recommend approval subject to the following conditions:
  1. The hours of operation are to be limited to between 7:30 A.M. and 10:00 P.M.
  2. No commercial vehicles, delivery trucks, or similar heavy work vehicles shall enter or leave the property between the hours of 11:00 P.M. and 6:00 A.M.
  3. The waiver of yard setbacks shall only apply to the existing buildings. Any future construction or building additions shall adhere to the fifty (50) ft. front, side, and rear yard setbacks. Any required yard setback shall reduce to thirty (30) feet when adjacent to another industrial district.
  4. There shall be a minimum thirty (30) ft. buffer yard along any property line which is adjacent to a residential property, as required under Article 9, Section E, Item 1 and Article 19 of the Zoning Ordinance. This required buffer yard shall reduce to a minimum twenty (20) ft. buffer yard when adjacent to another industrial district.
  5. There shall be a minimum ten (10) ft. buffer yard along any property line which is adjacent to public right-of-way. This may exclude the frontage along Kent St. and adjacent commercial or industrial districts, in order to maintain some visibility from South Boston Rd.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting a Special Use Permit for a waiver of district and yard setback requirements in accordance with Article 3.O, Section C, Items 19 and 25 of the Code of the City of Danville, Virginia 1986 as amended at 201 Eastwood Drive, otherwise known as Grid 2716, Block 005, Parcel 000013 of the City of Danville, Virginia Zoning District Map subject to the following conditions:  
  1. The hours of operation are to be limited between 7:30 A.M. and 10:00 P.M.
  2. No commercial vehicles, delivery trucks, or similar heavy work vehicles shall enter or leave the property between the hours of 11:00 P.M. and 6:00 A.M.
  3. The waiver of yard setbacks shall only apply to the existing buildings. Any future construction or building additions shall adhere to the fifty (50) ft. front, side, and rear yard setbacks. Any required yard setback shall reduce to thirty (30) ft. when adjacent to another industrial district.
  4. There shall be a minimum thirty (30) ft. buffer yard along any property line which is adjacent to a residential property, as required under Article 9, Section E, Item 1 and Article 19 of the Zoning Ordinance. This required buffer yard shall reduce to a minimum twenty (20) ft. buffer yard when adjacent to another industrial district.
  5. There shall be a minimum ten (10) ft. buffer yard along any property line which is adjacent to public right-of-way. This may exclude the frontage along Kent St. and adjacent commercial or industrial districts, in order to maintain some visibility from South Boston Rd.

Attachments
Ordinance
Planning Backup

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