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12SN0144CASE MANAGER: Darla Orr Tlonoml,ar 1 ~ x(11 1 (~'l~(~' January 25, 2012 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0144 Carrie E. Coyner, Trustee and Chester United Methodist Church Bermuda Magisterial District Southwest corner of School and Percival Streets RE VEST: Conditional use approval to permit a child care center in a Residential (R-7) District. PROPOSED LAND USE: A child care center in conjunction with a church use has operated on the request property for thirty (30) years without the requisite conditional use approval. Continued operation of the child care center is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The child care center has operated in conjunction with the church use on the request property for thirty (30) years without any apparent adverse impact on area properties. As conditioned, the use would have no greater impact on existing and anticipated residential development than does the permitted church use. B. Conditions address land use compatibility issues between the proposed use and area residential development. C. Similar facilities have been approved throughout the County with no apparent adverse impact on residential uses. Providing a FIRST CHOICE community through excellence in public service (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) CONDITIONS (STAFF/CPC) 1. The child care center shall only be permitted in conjunction with the church use. (P) (STAFF/CPC) 2. Except where the requirements of the underlying Residential (R-7) zoning district are more restrictive, any new development for the child care use shall conform to the requirements of the Zoning Ordinance for commercial uses in Emerging Growth Areas, excluding buffer requirements. (P) (STAFF/CPC) 3. Any expansion of the existing playground, as shown on Exhibit A, or any new playground areas shall be located a minimum of forty (40) feet from all property lines. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522 (a)(1) of the Zoning Or mance. (P) GENERAL INFORMATION Location: The request property is located in the southwest corner of School and Percival Streets. Tax IDs 789-653-4492 and 789-654-5307. Existing Zoning: R-7 Size: 2.3 acres Existin Land Use: Public/semi-public (church) Adjacent Zoning and Land Use: North, South, East and West - R-7; Single-family residential; Public/semi-public (church) or vacant 2 12SN0144 JAN25-BOS-RPT T 1TTT ,TTTF,~ Public Water System: The request site is located within the Chester water pressure zone. The church is currently connected to the public water system. This request will not impact the public water system. Public Wastewater S,, sue: The site is located within the Proctors Creek sewer service area. The church is currently connected to the public wastewater system. This request will not impact the public wastewater system. ENVIRONMENTAL Drainage and Erosion: This request will have a minimal impact on these facilities. PUBLIC FACILITIES Fire Service: The Chester Fire Station, Company Number 1, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. County Department of Transportation: Since this request will permit the continued operation of an existing childcare center and private school, it will have no additional traffic impacts on the transportation network. Vir ing is Department of Transportation (VDOT~: VDOT understands that existing commercial entrances, with appropriate sight distances maintained, will continue to be used unchanged. Should existing entrances be found to need modification to accommodate any increase in vehicular traffic experienced, such modifications will be reviewed to meet established VDOT commercial entrance geometric and spacing criteria at the time of site construction plan submittal. 3 12SN0144 JAN25-BOS-RPT T,ANn TIFF. Comprehensive Plan: The subject property is located within the boundaries of the Chester Plan, which suggests the property is appropriate for residential use of 2.5 dwellings per acre or less. Draft Comprehensive Plan: The Revised Draft Comprehensive Plan (as recommended by the Planning Commission on November 15, 2011) designates the subj ect property as appropriate for "Medium Residential Use" within a Village Overlay. This proposed land use designation encourages horizontally integrated single-family residential, public and open space uses. It should be noted that the revised draft plan is pending review by the Board of Supervisors, has not been approved, and does not provide land use guidance for the subject property at this time. The recommendations ofthe revised draft plan are provided for informational purposes only. Area Development Trends: Area properties are zoned residentially and are occupied by residential uses within the McClean Tract, Perdue Plan, and Chester subdivisions, public/semi-public use (church) or are vacant. It is anticipated that residential use will continue in the area as suggested by the Plan. Use: The child care center has been operated within the church for thirty (30) years. To ensure the use continues to have no more impact on the surrounding residential area, a condition is recommended which would permit the child care center in conjunction with the church use only. (Condition 1) Development Standards: The request properties have been developed as a church complex with associated parking facilities. The applicant has used these existing facilities for operation of the child care center and intends to continue to do so. Recommended conditions would require any new development for the child care center to conform to the development standards of the Ordinance for commercial use in an Emerging Growth District Area. The Emerging Growth District standards of the Zoning Ordinance address access, landscaping, setbacks, parking, signs, utilities and screening (Condition 2). The purpose of the Emerging Growth District standards is to promote high quality, well-designed proj ects. Playground Setbacks and Landscaping: The child care center utilizes the existing playground area which is located between the church buildings and is set back approximately forty (40) feet from Percival Street, as 4 12SN0144 JAN25-BOS-RPT shown on Exhibit A dated December 6, 2011. It should be noted that the playground does not extend any closer to Percival Street than the church building. An existing fence and landscaping between the playground and Percival Street are sufficient to minimize the visibility of the playground from adjacent properties and the public road. No complaints have been received concerning the child care center or playground. A condition is recommended that would require any expansions of the existing playground or any new playground areas to be set back forty (40) feet from any property boundaries. The condition would also require existing vegetation within the setback to be supplemented, where necessary, with landscaping or other devices designed to achieve buffering standards typically approved for playgrounds in residential areas. (Condition 3) CONCLUSION The child care center has operated in conjunction with the church use for thirty (30) years without any apparent adverse impact on area properties. As conditioned, the use would have no greater impact on existing and anticipated area residential development than does the permitted church use. In addition, the recommended conditions address land use compatibility issues between the proposed use and area residential development. Similar facilities, located adjacent to residential areas, have been approved throughout the County with no apparent adverse impact on area residential uses. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (12/12/11): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended approval subj ect to the conditions on page 2. AYES :Messrs. Bass, Brown, Gulley, Hassen and Waller. The Board of Supervisors on Wednesday, January 25, 2012 beginning at 6:30 p.m. will take under consideration this request. 5 12SN0144 JAN25-BOS-RPT