11SN0148CASE MANAGER: Jane Peterson
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ADDENDUM
11 SN0148
Whitmell Investment Corp.
Bermuda Magisterial District
East line of Bermuda Orchard Lane
November 17, 2010 BS
RE UEST: Conditional use to permit a private school and/or college in an Agricultural (A)
District.
PROPOSED LAND USE:
A private high school with associated student boarding is planned. With approval of this
request, a private school and/or college use would be permitted. (Proffered Condition 1)
This addendum is provided to advise the Board of the Planning Commission's recommendation for
this case.
StafFcontinues to recommend approval of this request as outlined in the "Request Analysis."
PLANNING COMMISSION RECOMMENDATION
ON NOVEMBER 16, 2010 THE PLANNING COMMISSION RECOMMENDED APPROVAL
AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3 IN THE
"REQUEST ANALYSIS."
CASE HISTORY
Planning Commission Meeting (11/16/10):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
Providing a FIRST CHOICE community through excellence in public service
11 SN0148-NOV 17-BOS-ADD
CASE MANAGER: Jane Peterson
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0148
Whitmell Investment Corp.
Bermuda Magisterial District
East line of Bermuda Orchard Lane
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November 17, 2010 BS
REQUEST: Conditional use to permit a private school and/or college in an Agricultural (A)
District.
PROPOSED LAND USE:
A private high school with associated student boarding is planned. With approval of this
request, a private school and/or college use would be permitted. (Proffered Condition 1)
PLANNING COMMISSION RECOMMENDATION
THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR
MEETING ON TUESDAY, NOVEMBER 16, 2010. STAFF WILL ADVISE THE BOARD OF
THE COMMISSION' S ACTION AFTER THEIR MEETING.
RECOMMENDATION
Recommend approval for the following reasons:
A. The operation of a private school (college) has been permitted on the property
through conditional use approval since 1979 with no apparent adverse impacts on
area properties.
B. Proffered conditions are designed to promote compatibility with existing
residential development and are consistent with those required for school facilities
similarly situated near residential areas.
(NOTES: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the property under consideration (the
"Property") will be developed according to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those conditions agreed to by the owner and
applicant. In the event this request is denied or approved with conditions not agreed to by the
owner and applicant, the proffers shall immediately be null and void and of no further force or
effect.
1. Use. The only use on the Property shall be for a private school and/or college and
uses incidental or accessory thereto. (P)
2. Outside Public Address. Any outside public address system shall not be used
before 7:00 a.m. or after 9:00 p.m. (P)
3. Buffers. Except for the existing improvements as shown on Exhibit "A",
prepared by Austin Brockenbrough & Associates, L.L.P. dated August 1, 2002,
and except for any future improvements to existing Baptist Drive to include
widening and/or the installation of curb and gutter, a fifty (50) foot buffer shall be
maintained around the perimeter of the Property. This buffer shall meet the
requirements of the Zoning Ordinance for fifty (50) foot buffers, except that along
the western property boundary immediately adjacent to Tax ID 817-648-8498
existing vegetation shall be preserved and supplemented with evergreens where
necessary to minimize views from this adjacent property. The exact species,
spacing, size, and location of this supplemental vegetation shall be approved by
the Planning Department at the time of the site plan approval (P)
4. Recreational Facility Setbacks. The following setback criteria shall apply to any
outdoor playfields, courts, swimming pools and similar active recreational areas:
a. Except for the existing fields as shown on Exhibit "A", prepared by Austin
Brockenbrough & Associates, L.L.P. dated August 1, 2002, all outdoor
playfields, courts, swimming pools and similar active recreational areas
shall be located a minimum of one hundred (100) feet from adjacent
properties zoned for agricultural or residential use and fifty (50) feet from
any existing or proposed public road(s). Within these setbacks, existing
vegetation shall be supplemented, where necessary, with landscaping or
other devices designed to achieve the buffering standards contained in the
Zoning Ordinance for one hundred (100) foot and fifty (50) foot buffers.
Should adjacent property be zoned for and occupied by a private school
and/or college as an expansion of the subject facility, and such zoning is
not subject to a time limitation, these buffer requirements shall no longer
apply on the subject property along its boundary with the expansion
property.
2 11SN0148-NOV17-BOS-RPT
b. If outdoor play fields, courts, swimming pools and similar active
recreational areas are set back more than one hundred (100) feet from
adjacent properties zoned agriculturally and residentially and more than
fifty (50) feet from any existing or proposed public road(s), the
landscaping or other design features described in Condition 4.a. may be
modified by the Planning Department at the time of site plan review. Such
modification shall accomplish a mitigation of the visual and noise impacts
that sports or related activities have on adjacent properties equivalent to
the one hundred (100) foot/fifty (50) foot setback/landscaping
requirements described in Conditions 4.a.
c. The one hundred (100) foot setback described in Condition 4.a. may be
reduced by the Planning Commission if the resulting increased visual and
noise impacts that sports or related activities have on area residences are
mitigated. Mitigation may be achieved through the use of topography,
fencing, berming, walls and/or other devices and design features, as
approved by the Planning Commission at the time of site plan review. (P)
5. Development Standards. With the exception of the buffers, and buffers and
setbacks for playfields, courts, swimming pools, and similar outdoor active
recreational areas, the development of the Property shall conform to the
development standards of the Zoning Ordinance for Corporate Office (O-2)
Districts in Emerging Growth Areas. (P)
6. Bermuda Orchard Access. No direct vehicular access shall be provided from the
Property to Bermuda Orchard Lane. (T)
7. Koyoto Drive Access. Prior to exceeding an enrollment of students that is
anticipated to generate traffic that would cause the traffic volume on any street in
Cameron Hills Subdivision or Bermuda Orchard Subdivision to exceed an
acceptable volume, as defined by the Planning Commission Stub Road Policy and
as determined by the Transportation Department, direct vehicular access from the
Property to Koyoto Drive shall be eliminated or converted to an emergency access
only. (T)
8. Timbering. Except for the timbering approved by the Virginia State Department
of Forestry for the purpose of removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance permit has been obtained from
the Environmental Engineering Department and the approved devices have been
installed. (EE)
(Note: this case supersedes Cases 845131 and 02SN0310.)
3 11SN0148-NOV17-BOS-RPT
GENERAL INFORMATION
Location:
The request property is located along the east line of Bermuda Orchard Lane, across from
Thornhill Drive. Tax IDs 818-648-4983 and 817-648-3661. (Formerly known as Tax IDs
818-648-4591-00001 and 00002 and 817-648-3260-00001 and 00002.)
E~sting Zoning:
A with conditional use
Size:
38.2 acres
Existing Land Use:
Formerly public/semi-public (private college); currently vacant
Adjacent Zoning and Land Use:
North - R-7 and A; Single-family residential or vacant
South - R-12 and A; Single-family residential or vacant
East - A; Public/semi-public (schools)
West - R-12 and A; Single-family residential
UTILITIES
Public Water Svstem:
There is an existing twelve (12) inch water line extending along Bermuda Orchard Lane
and Baptist Drive. In addition, there is an eight (8) inch water line that extends along
Koyoto Drive and into the request site. The existing college complex is served by the
public water system. Use of the public water system is required by County Code.
Public Wastewater Svstem:
There is an existing twelve (12) inch water line extending along the eastern boundary of
this site. An eight (8) inch line extends from the east to serve the existing college
complex. Use of the public wastewater system is required by County Code.
4 11SN0148-NOV17-BOS-RPT
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the east and then via tributaries to Johnson Creek. There
are no known on- or offsite drainage or erosion problems known at this time, and none
are expected after development.
The parcel is mostly wooded, except for the area of the school. To insure that proper
erosion control devices are in place, the applicant has addressed postponing timbering
activity until a land disturbance permit has been issue and the approved devices are
installed. (Proffered Condition 8)
Water Quality:
The creek that runs along the eastern boundary of the property is a perennial stream and,
as such, is subject to a conservation buffer inside of which uses are very limited.
PUBLIC FACILITIES
Fire ~ervice~
The Rivers Bend Fire Station, Company Number 18, currently provides fire protection
and Emergency Medical Service (EMS). Based on the past history of the facility, this
request will generate approximately four (4) calls for Fire and EMS per year. This request
will have a minimal impact on Fire and EMS.
County Department of Transportation:
There is no condition/proffer that limits the number of students enrolled at this private
school/college; therefore, it is difficult to anticipate traffic generation. Vehicles generated
by this development will be distributed along Bermuda Orchard Lane, which had a 2009
traffic count of 4,500 vehicles per day, and along streets in the Cameron Hills and
Bermuda Orchard Subdivisions.
The Thoroughfare Plan identifies Bermuda Orchard Lane as collector road. Vehicular
access to collectors, such as Bermuda Orchard Lane, should be controlled. The applicant
has proffered that no direct vehicular access will be provided from the property to
Bermuda Orchard Lane. (Proffered Condition 6)
Included in the Subdivision Ordinance is the Planning Commission's Stub Road Policy.
The Policy suggests that subdivision streets anticipated to carry 1,500 vehicles per day or
more should be designed as "no-lot frontage" collector roads. The previous private
college (Atlantic Bible College) that was developed on the property had vehicular access
through the Cameron Hills and Bermuda Orchard Subdivisions via Koyoto Drive and
Okuma Drive. Koyoto Drive and Okuma Drive, which are lot frontage streets, had 2007
5 11SN0148-NOV17-BOS-RPT
traffic counts of 710 and 630 vehicles per day, respectively. As student enrollment
increases, traffic generated by this private school/college traveling through those
subdivisions may cause the streets to exceed acceptable volumes. The applicant has
proffered to close the existing access into those subdivisions or convert that access into
an emergency access only, if the traffic volume on any street in Cameron Hills and
Bermuda Orchard Subdivisions is anticipated to exceed the acceptable volume as defined
by the Stub Road Policy (Proffered Condition 7). If this entrance/exit were eliminated,
access to the private college would then be limited to Bermuda Orchard Lane via Baptist
Drive.
In order to evaluate the traffic impact, any site plan must document/establish the
maximum enrollment at this private school. At time of site plan review, specific
recommendations will be provided regarding access to Koyoto Drive.
Vir ing is Department of Transportation VDOT~:
VDOT notes that the conditional use is to result in additional buildings on an existing site
served by an existing private road connecting directly to Bermuda Orchard Lane, which
has turn lanes provided at the intersection. VDOT has no other comments at this time.
T ANTI T TCF
Comprehensive Plan:
The subject property is located within the boundaries of the Consolidated Eastern Area
Plan which suggests the property is appropriate for residential use of 4.0 units/acre or
less. The Plan also suggests that uses such as schools or similar public/semi-public
facilities may be appropriate under circumstances that ensure compatibility with area
residential development.
Area Development Trends:
Properties in the immediate area are zoned Residential (R-7 and R-12) and Agricultural (A)
and are developed as residential subdivisions, single-family homes on acreage properties,
two (2) public schools (Elizabeth Scott Elementary and Elizabeth Davis Middle) or are
vacant. It is anticipated that single-family residential uses will continued in this area, as
recommended by the Plan.
Zoning HistorX:
On September 26, 1979 the Board of Supervisors, upon a favorable recommendation of
the Planning Commission, approved a conditional use on a twenty-seven (27) acre
portion of the request property for a private college with "on-campus" residence for fifty
(50) to eighty (80) students in an Agricultural (A) District and commonly known as
Atlantic Baptist Bible College (Case 795158). Prior to this request, a private "day"
school (Bermuda Academy) operated from this location. Conditions were imposed
6 11SN0148-NOV17-BOS-RPT
relative to buffering, lighting and outdoor activity to insure land use transition between
the school and adj acent residential development.
On July 27, 1983 the Board of Supervisors, upon a favorable recommendation of the
Planning Commission, approved an amendment to Case 7950158 to permit expansion of
a private college (Case 835044). Conditions of approval continued to address land use
transition between the school and adjacent residential development. Phasing of
enrollment was required until Bermuda Orchard Lane was extended to provide access,
alleviating traffic generated by the school use into the adjacent Cameron Hills
Subdivision.
On September 26, 1984 the Board of Supervisors, upon a favorable recommendation of
the Planning Commission, approved an amendment to Case 835044 to permit expansion
of a private college, incorporating additional acreage immediately to the west totaling
approximately 42.8 acres (Case 845131). Conditions were maintained relative to buffers,
lighting and outdoor activities as well as phasing of enrollment pending the extension of
Bermuda Orchard Lane and public utilities both to serve the site. Conditions also made
this conditional use specific to Atlantic Baptist Bible College.
On September 18, 2002 the Board of Supervisors, upon a favorable recommendation of
the Planning Commission, approved an amendment to Case 845131 relative to
compliance with the approved master plan and amendments to conditions relative to
buffers and lighting (Case 02SN0310). Specifically, proffered conditions were offered
requiring compliance with Emerging Growth District standards of the Ordinance thereby
addressing lighting and buffers (exclusive of existing improvements) and providing relief
to a specific plan of development.
Uses:
Proffered Condition 1 limits the conditional use to a private school and/or college.
Development Standards:
The subject property is located in an Agricultural (A) District where Emerging Growth
District standards of the Zoning Ordinance typically do not apply. Consistent with
conditions applicable to the former Atlantic Baptist Bible College, Proffered Condition 5
requires compliance with Emerging Growth District standards for Corporate Office (O-2)
Districts with the exception of buffers that are separately addressed. These standards address
concerns relative to the design and quality of future site improvements to include access,
parking landscaping, architectural treatment, setbacks, signs, utilities, screening of
dumpsters and loading areas and lighting.
7 11SN0148-NOV17-BOS-RPT
Recreational Facilities and Public Address:
Proffered Condition 4 establishes setbacks and buffer requirements for recreational uses
adj acent to both Residential and Agricultural Districts.
Proffered Condition 2 limits hours of use for any outside public address system.
Rnffere
Proffered Condition 3 requires that, except for existing improvements as shown on the
attached exhibit to include Baptist Drive, a fifty (50) foot buffer will be maintained around
the project perimeter. Existing vegetation, supplemented as necessary, will be maintained
along the western perimeter along Baptist Drive to minimize views from the adjacent
property to the west.
CONCLUSION
Now closed, a private college operated on the property beginning in 1979 with no apparent
adverse impacts on area properties. Proffered conditions for the proposed private school are
designed to promote compatibility with existing residential development and are consistent with
those required for school facilities similarly situated near residential areas.
The proposed private school is consistent with the Plan recommendation for residential land
uses, which include schools and other similar facilities subject to measures to insure land use
compatibility.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Staff (11/1/10):
If the Planning Commission acts on this request on November 16, 2010, the case will be
considered by the Board of Supervisors on November 17, 2010.
The Board of Supervisors on Wednesday, November 17, 2010, beginning at 6:30 p.m., will take
under consideration this request.
8 11SN0148-NOV17-BOS-RPT
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