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HomeMy WebLinkAboutSE202000029 Review Comments Waiver, variation or substitution requirement 2021-02-10Zoning Staff Review Memo To: Cameron Langille, Senior Planner II, Lead Reviewer From: Lea Brumfield, Senior Planner II, Zoning Date: February 10, 2021 Re: SE202000029 Milton Ridge Owner: COMMERCIAL RENTALS LLC TM P: 045 B 1-05-OA-0110 Zoning Staff Analysis Per County Code section 18-5.1.60.c "No portion of a drive -through lane shall be located within 50 feet of a residential district, the rural areas district, the Monticello Historic district, or any part of a planned development district allowing residential uses," and d, "If any portion of a drive - through lane that is located between 50 and 100 feet of a residential district, the rural areas district, the Monticello Historic district, or any part of a planned development allowing residential uses, the drive -through window shall be open for business no earlier than 7:00 a.m. and shall be closed no later than 10:00 p.m., daily." As this proposal sites the drive -through 50 feet from the nearest residential district, along the southeastern border at TMPs 045131-05-OA-00400 and 045131-05-OA-00500, the drive -through may operate in this location, but is limited in operating hours. This increased setback is required to provide a noise and light buffer and reduce impacts to neighboring residential, rural areas, or Monticello Historic District properties. The site in question has a 48-foot rise in elevation over the proposed 50-foot setback, all of which is currently heavily wooded. Special exceptions may be granted upon the finding that "a modified regulation would satisfy the purposes of this chapter to at least an equivalent degree as the specified requirement' per section 5.1.a. As such, Zoning finds that the unusual topography of the site in question provides a buffer equivalent or greater than the 100-foot setback in reducing the noise and light impacts to neighboring parcels, and has no objection to this application, but does recommend a condition of approval to maintain the existing vegetation or its equivalent in accordance with screening regulations in section 32.7.9.7. Zoning Staff Recommendation Zoning recommends approval of SE202000029 to modify the 100-foot setback requirement of section 5.1.60.d to permit a drive -through window starting at 5:30 a.m. daily, with a condition of approval to maintain the existing vegetation or its equivalent in accordance with screening regulations in section 32.7.9.7.