RS9 LB-S RSQ-S RS9 RS9 DOCKET: W2822 PROPOSED ZONING: LB EXISTING ZONING: RS-9. PETITIONER: J&J Properties of W-S, LLC, for property owned by Same

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1 HAYMOUNT ST RS9 IP DOCKET: W2822 PROPOSED ZONING: LB POPE RD CLEMMONSVILLE RD EXISTING ZONING: RS-9 RSQ-S LB-S OLD SALISBURY RD WINSTON-SALEM ZONING FORSYTH COUNTY ZONING PETITIONER: J&J Properties of W-S, LLC, for property owned by Same 49 S LB PALMIRA TL RS9 WINSTON-SALEM ZONING FORSYTH COUNTY ZONING SENNETT DR RS9 SCALE: 1'' represents 200' STAFF: King GMA: 3 ACRE(S): 0.05 CARRIAGE COVE LN ZEVERLY ST MAP(S):

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3 December 16, 2005 Joe W. Fulk J & J Properties of W-S, LLC 1989 Landover Drive Clemmons, NC RE: ZONING MAP AMENDMENT W-2822 Dear Mr. Fulk: The attached report of the Planning Board to the City Council is sent to you at the request of the Council Members. You will be notified by the City Secretary s Office of the date on which the Council will hear this petition. Sincerely, A. Paul Norby, AICP Director of Planning pc: City Secretary s Office, P.O. Box 2511, Winston-Salem, NC Fred Lowrey, Jr., 422 Gus Hill Road, Clemmons, NC W-2822 December

4 ACTION REQUEST FORM DATE: December 16, 2005 TO: The Honorable Mayor and City Council FROM: A. Paul Norby, AICP, Director of Planning COUNCIL ACTION REQUEST: Request for Public Hearing on Zoning Map Amendment of J&J Properties of W-S, LLC SUMMARY OF INFORMATION: Zoning Map Amendment of J&J Properties of W-S, LLC from RS-9 to LB: property is located on the east side of Old Salisbury Road south of Clemmonsville Road (Zoning Docket W-2822). PLANNING BOARD ACTION: MOTION ON PETITION: APPROVAL FOR: UNANIMOUS AGAINST: NONE SITE PLAN ACTION: NOT REQUIRED W-2822 December

5 CITY ORDINANCE - GENERAL USE Zoning Petition of J&J Properties of W-S, LLC, Docket W-2822 AN ORDINANCE AMENDING THE WINSTON-SALEM CITY ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF WINSTON-SALEM, N.C. BE IT ORDAINED by the City Council of the City of Winston-Salem as follows: Section 1. The Winston-Salem City Zoning Ordinance and the Official Zoning Map of the City of Winston-Salem, N.C. are hereby amended by changing from RS-9 to LB the zoning classification of the following described property: Tax Block 3858, Tax Lot 006F Section 2. This ordinance shall become effective upon adoption. W-2822 December

6 CITY-COUNTY PLANNING BOARD STAFF STAFF REPORT FOR: Docket # W-2822 December 8, 2005 PETITION INFORMATION Docket # W-2822 Staff Aaron King Petitioner(s) J&J Properties of Winston-Salem, LLC Owner(s) Same Subject Property Tax Lot 6F / Tax Block 3858 Type of Request General Use Rezoning from RS-9 to LB Proposal The petitioner is requesting to amend the Official Zoning Maps for the subject property from RS-9 (Residential Single Family) to LB (Limited Business) Zoning District Purpose Statement Applicable Rezoning Consideration from Chapter B, Article VI, Section 6-2.1(S) Location Jurisdiction Ward(s) Site Acreage Current Land Use Surrounding Property Zoning and Use The LB District is primarily intended to accommodate moderately intense neighborhood shopping and service centers close to residential areas. The district is established to provide locations for businesses which serve nearby neighborhoods, including smaller business locations up to ten (10) acres in size in rural areas. The district is typically located near the intersection of a collector street or thoroughfare in areas which are otherwise developed with residences. Standards are designed so that this district, in some instances, may serve as a transition between residential districts and other commercial districts. This district is intended for application in Growth Management Areas 2, 3, 4, and 5. (S)(1) - Is the proposal consistent with the purpose statement(s) of the requested zoning district(s)? Yes, the subject property is located within GMA 3. GENERAL SITE INFORMATION East side of Old Salisbury Road south of Clemmonsville Road City of Winston-Salem South Approximately ± 0.05 acres Undeveloped land Direction Zoning District Use Northwest LB-S Movie rental store Northeast RS-9 Undeveloped land East RS-9 Undeveloped land South LB Land cleared for redevelopment West LB-S Movie rental store; restaurant W-2822 December

7 Applicable Rezoning Consideration from Chapter B, Article VI, Section 6-2.1(S) Physical Characteristics Proximity to Water and Sewer Stormwater/ Drainage Watershed and Overlay Districts Analysis of General Site Information (S)(2) - Is/are the use(s) permitted under the proposed classification/request compatible with uses permitted on other properties in the vicinity? Yes, the subject property is adjacent to property currently zoned LB and LB-S. The site is approximately 0.05 acres in size and poses no development constraints. The subject property has access to public water and public sanitary sewer. No known issues. The subject property is not located within a water supply watershed. The subject property is approximately 2,178 square feet in area. The site contains no streams or wetlands and poses no development issues. Although the subject property is not considered a buildable lot under the LB dimensional requirements, it is assumed that the property will be combined with the adjacent property to the south in the same ownership. This request appears to be made as an attempt to square up the LB zoning on the adjacent lot to the south. SITE ACCESS AND TRANSPORTATION INFORMATION Street Name Classification Frontage ADT Capacity/LOS D Count Old Salisbury Road Minor Thoroughfare +/- 50 feet 11,100 16,100 Proposed Access Point(s) Since this is a general use request, the exact location of access point(s) cannot be determined. The subject property does have public road Planned Road Improvements Trip Generation - Existing/Proposed frontage on Old Salisbury Road. The Thoroughfare Plan recommends that Old Salisbury Road be constructed as a three lane cross section with curb and gutter and sidewalks. Existing Zoning: RS-9 Not a buildable lot as per RS-9 dimensional requirements Sidewalks Transit Analysis of Site Access and Transportation Information Proposed Zoning: LB No trip generation for general use zoning No sidewalks existing on Old Salisbury Road. No The request poses no negative transportation impacts. W-2822 December

8 CONFORMITY TO PLANS AND PLANNING ISSUES Legacy GMA GMA 3 (Suburban Neighborhoods) Relevant Area The subject property is not located within the boundaries of an area plan Plan(s) or development guide. Applicable (S)(3) - Have changing conditions substantially affected the area in Rezoning the petition? Consideration No from Chapter B, (S)(4) - Is the requested action in conformance with Legacy? Article VI, Section 6-2.1(S) Yes Analysis of Conformity to Plans and Planning Issues Case Request Decision & Date W- RS-9 to RM- 2696/F- 8-S 1411 W-2678 RS-9 to RM- 8-S W- RS-9 to RM- 1978/F- 8-S 1122 The subject property is not located within an area plan or development guide. Staff is supportive of this request because it will allow the existing LB zoning on the east side of Old Salisbury Road to be squared up, creating a more usable development lot out of the existing LB property to the south. However, staff does not support the extension of commercial zoning from the subject property to the intersection of Old Salisbury Road and Clemmonsville Road. An ample amount of commercially zoned property currently exists at this intersection and along Peters Creek Parkway. RELEVANT ZONING HISTORIES Direction Acreage Recommendation Approved June 7, 2004 (City Council) and July 12, 2004 (County Commissioners) Approved March 1, 2004 Approved August 7, 1995 (City Council) and September 11, 1995 (County Commissioners) W-1868 R-5 to B-3-S Approved February 7, 1994 UDO Sections Relevant to Subject Request from Site East 0.97 acres North acres East 1.02 acres West 3.15 acres Section 2-1.3(G) LB District Staff CCPB W-2822 December

9 CONCLUSIONS TO ASSIST WITH RECOMMENDATION Positive Aspects of Proposal Negative Aspects of Proposal The request should not generate any negative impacts to the surrounding properties. The request would allow for more flexibility in site design when combined with the existing LB property to the south in the same ownership. STAFF RECOMMENDATION: APPROVAL NOTE: These are staff comments only; final recommendations on projects are made by the City-County Planning Board, with final decisions being made by the appropriate Elected Body, who may approve, deny, table or request modification for any project. THE APPLICANT OR REPRESENTATIVE IS STRONGLY ENCOURAGED TO ATTEND THE PUBLIC HEARINGS WHERE THE CASE WILL BE CONSIDERED BY THE PLANNING BOARD AND THE ELECTED BODY. PUBLIC HEARING FOR: None AGAINST: None WORK SESSION MOTION: Clarence Lambe moved approval of the zoning map amendment. SECOND: Jerry Clark VOTE: FOR: Clark, Curtis, Eickmeyer, Folan, Glenn, King, Lambe, Smith AGAINST: None EXCUSED: None A. Paul Norby, AICP Director of Planning W-2822 December

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