00SN0110.pdfNovember 23, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0110
Suzanne and Son LLC
Bermuda Magisterial District
13701 Harrowgate Road
REQUEST: Conditional Use to permit a child care center in an Agricultural (A) District.
PROPOSED LAND USE:
A child care center is planned.
(NOTE: THE APPLICANT HAS REQUESTED THAT THIS CASE BE REMANDED TO THE
PLANNING COMMISSION TO ALLOW AMENDMENT TO SEEK A CONDITIONAL USE
PLANNED DEVELOPMENT.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2 AND ACCEPTANCE
OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed use conforms to the Southern and Western Ama Plan which suggests the
property is appropriate for Neighborhood Transition uses which includes child care uses.
B. The recommended conditions ensure land use compatibility between the proposed use and
area residential development and the proffered conditions address transportation concerns.
NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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 CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC) 1.
Except as stated herein, any new development or redevelopment for child
cam use shall conform to the requirements of the Zoning Ordinance for
Corporate Office (0-2) Districts in Emerging Growth Areas. (P)
(STAFF/CPC) 2.
In addition to the Emerging Growth Area requirements for archkectural
trealment, any new development or redevelopment for child care use shall
have an architectural style compatible with surrounding residential
neighborhoods. Compatibility may be achieved through use of similar
building massing, materials, scale or other architectural features. (P)
(STAFF/CPC) 3.
Except where existing improvements encroach, a minimum fifty (50) foot
buffer shall be maintained along the southern property line. This buffer
shall conform to the requirements of the Zoning Ordinance for buffers,
Section 19-520 through 19-522. (P)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
Prior to any ske plan approval, forty-five (45) feet of right-of-way on the
west side of Happy Hill Road and sixty (60) feet of right of way on the
east skte of Harrowgate Road, measured from the centerline of that part
of those roads immediately adjacent to the property, shall be dedicated,
free and unrestricted, to and for the benefit of Chesterfield County. (T)
(STAFF/CPC) 2.
No direct access shall be provided from the property to Harrowgate
Road. (T)
(STAFF/CPC) 3.
Direct access from the property to Happy Hill Road shall be limited to one
(1) entrance/exit. The exact location of this access shall be approved by
the Transportation Department. (T)
(STAFF/CPC) 4.
Prior to issuance of an occupancy permk for any day cam use, the ditch
along the west side of Happy Hill Road shall be relocated along the entire
property frontage to provide an adequate shoulder and additional
pavement shall be constructed along Happy Hill Road at the approved
access to provide left and right turn lanes, if warranted based on
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Transportation Deparunent standards. The developer shall dedicate free
and unrestricted, to and for the benefit of Chesterfield County any
additional right-of-way (or easements) required for these road
improvements. (T)
GENERAL INFORMATION
Location:
East line of Harrowgate Road, west line of Happy Hill Road and better known as 13701
Harrowgate Road. Tax ID 791-645-3016 (Sheet 34).
Existing Zoning:
A
Size:
3.0 acres
Existing Land Use:
Church
Adjacent Zoning & Land Use:
North - A and A with Conditional Use; Single family residential and child care center
South - A; Single family residential
East - A; Single family residential or vacant
West - R-15; Single family residential
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UTILITIES
Public Water System:
There is an existing sbxteen (16) inch water line extending along the southwest side of Happy Hill
Road, adjacent to the request site. The request site lies within the Southern and Western Ama Use
Plan for which the use of the public water system is required by County Code except under certain
circumstances. The existing building is connected to the public water system and the applicant
intends to continue its use.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Stoney Creek Parkway in
Grayfield Place Subdivision ending approximately 250 feet west of the request site. The request
site lies within that portion of the Southern and Western Area Plan which requires use of the public
wastewater system except under certain circumstances. The County Code exempts from this
requirement institutional structures such as child care centers. Therefore, use of the public
wastewater system is not required for the child care use.
The existing church building is connected to a private septic system. The applicant intends to
continue to utilize a private septic system.
Private System:
The Health Deparunent must approve any new septic systems, or expanded usage of any existing
system. The existing system can only support a total of fifty (50) children and employees.
Additional septic tanks may be needed to accommodate any kitchen facilities.
ENVIRONMENTAL
Drainage and Erosion:
The site drains to the north adjacent to Harrowgate Road and then via storm sewers and open
channel to Timsberry Creek. There are no known, existing on-site or off-ske drainage or erosion
problems with none anticipated after development.
PUBLIC FACILITIES
Fire Service:
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This property is currently served by the Chester Fire/Rescue Station, Company Number 1 and
Bensley-Bermuda Rescue Squad. When the property is developed, the number of hydrants and
quantity of water needed for fke protection will be evaluated dur'mg the plans review process.
Transportation:
This request will not limit enrollment. The applicant intends to ultimately have an enrollment of
approximately sixty (60) students. Based on child care center trip rates, this enrollment could
generate approximately 260 average daily trips. These vehicles will be distributed along Happy
Hill Road which had a 1997 traffic count of 4,155 vehicles per day.
The Thoroughfare Plan identifies Happy Hill Road as a major arterial with a recommended right-of-
way width of ninety (90) feet and Harrowgate Road as a maj or arterial with a recommended right-
of-way width of 120 to 200 feet. The applicant has proffered to dedicate forty-five (45) feet of
right-of-way measured from the centerline of Happy Hill Road and sixty (60) feet of right-of-way
measured from the centerline of Harrowgate Road, in accordance with that Plan. (Proffered
Condkion 1)
Direct access to maj or arterials, such as Harrowgate and Happy Hill Roads, should be controlled.
The applicant has proffered that no direct access will be provided from the property to Harrowgate
Road (Proffered Condition 2). The applicant has also proffered that direct access from the
property to Happy Hill Road will be limked to one (1) entrance/exk. (Proffered Condition 3)
Mitigating road improvements must be provided to address the traffic impact of this development.
The applicant has proffered to relocate the ditch to provide an adequate shoulder along Happy Hill
Road for the entire property frontage, and construct additional pavement along Happy Hill Road
at the approved access to provide left and right mm lanes, based on Transportation Depamnent
standards (Proffered Condition 4). The applicant has plans to initially enroll approximately twenty-
five (25) students at the child care center.
With initial development of twenty-five (25) students, a right mm lane w'dl be required along Happy
Hill Road. At such time the enrollment increases to more than fifty (50) students, the left turn lane
will also be required along Happy Hill Road.
At time of ske plan review, specific recommendations will be provided regarding access and
internal circulation.
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LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Westem Ama Plan in the detailed service center
area which suggests that the property is appropriate for Neighborhood Transition uses including
office, townhouse, residential and public/semi-public uses.
Area Development Trends:
Property to the north is zoned Agricukural (A) with a Conditional Use or Agricultural (A) and is
occupied by a child care center or single family residences. Adjacent property to the south is
zoned Agricultural (A) and is occupied by single family resktences. Property to the east is zoned
Agricultural (A) and is occupied by single family residences or is vacant. Property to the west is
zoned Residential (R- 15) and is occupied by single family residences. The Plan anticipates single
family residential uses to the east, west and south and Neighborhood Transition uses between the
Happy Hill and Harrowgate Roads intersection to include the request property.
Site Design:
The site is currently occupied by a church and the applicant intends, but is not required, to use the
existing church facility for the child care center. Since this property would not be rezoned to a
commercial classification, but rather, the use would be permitted through Conditional Use, any new
development would not be required to conform to typical commercial standards without imposition
of a condition. Imposition of Condition 1 would require redevelopment ofthe site ornew
construction for the child care center to conform to the development standards for Emerging
Growth areas in 0-2 Districts which address access, parking, landscaping, architectural trealxnent,
setbacks, signs, heights, utilities and screening.
Architectural Treatment:
If imposed, Condkion 1 requires that the child care center comply with Emerging Growth Area
architectural standards for O-2 Districts. Architectural tmannent of buildings, including materials,
color and style, must be compatible with buildings located within the same project.
Within Emerging Growth Areas, no building exterior which would be visible to any A, R, R-TH,
R-MF or O District or any public right of way may consist of architectural materials inferior in
quality, appearance, or detail to any other exterior ofthe same building. There is, however, nothing
to preclude the use of different materials on different building exteriors, but rather, the use of inferior
materials on sides which face adjoining property. No portion of a building constructed of
unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining A,
6 00SN0110/WP/NOV23 M
R, R-TH, R-MF or O District or any public right of way. No building exterior may be constructed
of unpainted concrete block or corrugated and/or sheet metal.
Junction and accessory boxes must be m~ed from view of adjacent property and public rights
of way by landscaping or architectural trea1~nent integrated with the building served.
Mechanical equipment, whether ground-level or rooftop, must be screened from view of adjacent
property and public rights of way and designed to be perceived as an integral part of the building.
In addition, Condkion 2, if imposed, requires that the proposed child care center have an
archkectural style compatible with surrounding residential neighborhoods. This condition is
consistent with the recommendation of the Plan suggesting that careful consideration should be
given to development in this area given the surrounding neighborhood.
Buffers & Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash
compactors, etc.) be screened from view of adjacent property and public rights of way by a solid
fence, wall, dense evergreen plantings or archkectural feature, and that such areas that are within
1,000 feet of any Agricultural (A) property occupied by a dwelling or MH-1 property not be
serviced between the hours of 9:00 p.m. and 6:00 a.m.
Adjacent property to the south is zoned Agricultural (A) and is occupied by single family
residences. The Plan anticipates that residential development will continue south of the request
property. Therefore, staff recommends imposition of Condition 2 which requires aminimum fifty
(50) foot buffer along the southern property boundary of the request site except where existing
improvements encroach. At the time of site plan review, the Planning Commission may modify this
buffer under certain circun~stances.
CONCLUSIONS
The proposed child care use conforms to the Southern and Western Area Plan which suggests that
Neighborhood Transition uses are appropriate for the property. Uses appropriate in the Neighborhood
Transition area include office, townhouse residential and public/semi-public uses. Child care uses are a use
permitted in an office district. The recommended conditions ensure land use compatibilky between the
proposed use and area residential development and the proffered conditions address transportation
concerns.
Given these considerations, approval of this request is recommended.
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CASE HISTORY
Applicant (9/21/99):
After review of the recommended conditions, the applicant expressed concerns that the existing
improvements may encroach into the recommended fifty (50) foot buffer along the southern
property line. Staff has been unable to locate a site plan for the improvements which were
constructed around 1973. It was not, however, staff's intention to require that existing
improvements be removed within the fifty (50) foot buffer. Therefore, staff recommended that
Condition 3 be amended as reflected herein.
Planning Commission Meeting (9/21/99):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended approval
of this request subject to the conditions on page 2 and acceptance of the proffered conditions on
pages 2 and 3.
AYES: Unanimous.
Board of Supervisors' Meeting (10/27/99):
At the request of the applicant, the Board deferred this case to their November 23, 1999, meeting.
Staff ( 10/28/99):
The applicant was advised in writing that any significant, new or revised information should be
submitted no later than November 2, 1999, for consideration at the Board's November public
hearing. The applicant was also advised that a $250.00 deferral fee was due.
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Applicant and Staff (11/4/99):
A meeting was held to review a preliminary site plan. After review of the plan, it was determined
that certain exceptions requiring a Conditional Use Planned Development are necessary to
accommodate the applicant's needs. The applicant, therefore, requested that the case be
remanded to the Planning Commission to allow amendment for a Conditional Use Planned
Development.
The deferral fee was paid.
The Board of Supervisors, on Tuesday, November 23, 1999, beginning at 7:00 p.m., will take under
consideration this request.
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A
Case: OOSN0110
C.U.
Sheet#: 34
DRAFT
Map 7
Detailed Service Center Plan
Southern and Western Area
Harrowgate/Happy Hill Rd. Intersection
Not to scale
Adopted by the Chester[ield County Board of Supervisors June 1993 00SN0110-1
00SN0110 (Amended)
In Bermuda Magisterial District, SUZAiTNE AND SON LLC
requested Conditional Use Planned Development and amendment
of zoning district map to permit a child care center and to
allow bulk and development standards exceptions in an
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99 965
Agricultural (A) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for neighborhood transition use. This request
lles on 3.0 acres known as 13701 Harrowgate Road. Tax ID
791 645 3016 (Sheet 34).
Mr. Jacobson presented a summary of Case 00SN0110 and stated
that the Planning Commission and staff recommend approval
subject to conditions and acceptance of the proffered
conditions. He noted that the request conforms to the
Southern and Western Area Plan.
Ms. Suzanne Withersheim stated that the
acceptable.
There was no opposition present.
On motion of Mr. McHale, seconded by Mrs.
Board approved Case 00SN0110 subject to
conditions:
recommendation is
Humphrey, the
the following
1. Except as stated herein, any new development or
redevelopment for child care use shall conform to the
requirements of the Zoning Ordinance for Corporate
Office (0 2) Districts in Emerging Growth Areas. (P)
2. In addition to the Emerging Growth Area requirements
for architectural treatment, any new development or
redevelopment for child care use shall have an
architectural style compatible with surrounding
residential neighborhoods. Compatibility may be
achieved through use of similar building massing,
materials, scale or other architectural features. (P)
3. Except where existing improvements encroach, a minimum
fifty (50) foot buffer shall be maintained along the
southern property line. This buffer shall conform to
the requirements of the Zoning Ordinance for buffers,
Section 19 520 through 19 522. (P)
4. A twenty (20) foot exception to the fifty (50) foot
setback requirement of parking from Happy Hill Road and
a ten (10) foot exception to the thirty (30) foot side
yard setback requirement for buildings from the
southern property llne shall be granted. (P)
5. An exception to the requirement that parking areas and
driveways be designed to provide an area for drop off
and pick up shall be granted. (P)
the Board accepted the following proffered
And, further,
conditions:
Prior to any site plan approval, forty five (45) feet
of right of way on the west side of Happy Hill Road and
sixty (60) feet of right of way on the east side of
Harrowgate Road, measured from the centerline of that
part of those roads immediately adjacent to the
property, shall be dedicated, free and unrestricted, to
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99 966
and for the benefit of Chesterfield County. (T)
2 No direct access shall be provided from the property to
Harrowgate Road. (T)
3 Direct access from the property to Happy Hill Road
shall be limited to one (1) entrance/exit. The exact
location of this access shall be approved by the
Transportation Department. (T)
4 Prior to issuance of an occupancy permit for any day
care use, the ditch along the west side of Happy Hill
Road shall be relocated along the entire property
frontage to provide an adequate shoulder and additional
pavement shall be constructed along Happy Hill Road at
the approved access to provide left and right turn
lanes, if warranted based on Transportation Department
standards. The developer shall dedicate free and
unrestricted, to and for the benefit of Chesterfield
County any additional right of way (or easements)
required for these road improvements. (T)
Ayes: Daniel, Barber, Humphrey, and McHale.
Nays: None.
Absent: Warren.
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99 967