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12SN0143CASE MANAGER: Darla Orr .:: i3 i'f~L_ t,,. ~ ..r:..~ ~~'~ BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION r~o,. nor i ~ ~ni i rnr 77GGe~ PG~iT~LZ.~ 1 ~i 'jTLZ March 28, 2012 BS 12SN0143 St. Luke's United Methodist Church Dale Magisterial District Southeast quadrant of Fordham and Paulhill Roads REQUEST: Conditional use approval to permit a child care center in a Residential (R-15) District. PROPOSED LAND USE: A child care center in conjunction with a church use has operated on the request property for twenty-nine (29) 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 AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGES 2 AND 3. AYES: Messrs. Gulley, Waller, Patton and Wallin. ABSENT: Dr. Brown. 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 since 1982 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. Recommended conditions would address land use compatibility issues between the proposed use and area residential development. Providing a FIRST CHOICE community through excellence in public service C. Similar facilities have been approved throughout the County with no apparent adverse impact on residential uses. (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- 15) 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 setback and buffer requirements as outlined in Conditions 3 and 4. (P) (STAFF/CPC) 3. Any expansion of the existing playground, as shown on Exhibit A, or any new playground areas shall be setback 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 Ordinance for buffers less than fifty (50) feet in width. (P) PROFFERED CONDITION (STAFF/CPC) Landscaping Within Existing Playground Setback: A. Within the setback for the existing playground adjacent to Tax IDs 754-686-6174 and 754-687-4407, as shown on Exhibit A, existing vegetation shall be supplemented to achieve a landscaped buffer which shall include a minimum of the following: 1. Eleven (ll) evergreen trees, which shall be comprised of two (2) different species, having a minimum height of six (6) feet at the time of planting; and 2. Six (6) crape myrtle trees having a minimum height of six (6) feet at the time of planting interspersed and spaced randomly throughout the setback to provide a mix of vegetation visible from adjacent properties to the east. 2 12SN0143-MAR28-BOS-RPT B. Within ninety (90) days of the approval of this request, the applicant shall submit a landscaping plan depicting the required landscaping for review and approval by the Planning Department. Such landscaping shall be installed within twelve (12) months of such plan approval. GENERAL INFORMATION Location: The request property is located in the southeast quadrant of Fordham and Paulhill Roads. Tax IDs 754-686-2868 and 754-687-1301 and 2709. Existing Zoriin~: R-15 Size: 5.6 acres Existing Land Use: Public/semi-public (church) Adjacent Zoning and Land Use: North, South, East and West - R-15; Single-family residential or vacant UTILITIES Public Water Svstem: The request site is currently connected to the public water system. This request will not impact the public water system Public Wastewater Svstem: The request site is currently served by a private septic system. This request will not impact the public wastewater system. Health Department: The Health Department must approve any new or expanded use of the individual septic system. 3 12SN0143-MAR28-BOS-RPT ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Manchester Volunteer Rescue Squad Fire Station, Company Number 24, and Manchester Volunteer Rescue Squad currently provide 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 child care center, it will have no additional traffic impacts on the transportation network. Virginia Department of Transportation (VDOT~: VDOT understands that existing commercial entrances, with appropriate sight distances maintained, will continue to be used unchanged. VDOT has no further comment. LAND USE Comprehensive Plan: The subject property is located within the boundaries of the Route 360 Corridor Plan, which suggests the property is appropriate for residential use of four (4) dwellings per acre or less. Area Development Trends: Area properties are zoned residentially and are occupied by single-family residential use within the Falling Creek Farms subdivision 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 twenty-nine (29) 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) 4 12SN0143-MAR28-BOS-RPT 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, setbacks, parking signs, utilities and screening (Condition 2). The purpose of the Emerging Growth District standards is to promote high quality, well designed projects. Playground Setbacks: The existing child care center utilizes the playground area located along the eastern boundary of the property, as shown on Exhibit A. The playground is located approximately six (6) feet measured at its closest point from the property boundary adjacent to Tax ID 754- 686-6174 and approximately ten (10) feet measured at its closest point from Tax ID 754- 687-4407. A setback of forty (40) feet has typically been required for playground areas in residential areas; however, there have been no complaints received regarding the child care center's use of this playground area. Staff does not recommend additional setbacks be required for the existing playground. However, a condition is recommended that would require any expansions of the existing playground or any new playground areas to be setback forty (40) feet from any property boundaries. (Condition 3) Landscapes: A few mature trees are located within the existing setbacks between the playground and adjacent single-family residential uses (Tax IDs 754-686-6174 and 754-687-4407). As noted, staff supports the reduced setbacks for the existing playground from adjacent residential uses. However, instead of complying with landscaping typically applied to playground areas adjacent to residential uses, the proffered condition offers less landscaping because large deciduous trees and medium shrubs would not be required (Proffered Condition). The supplemental vegetation would be required only along those parts of the property boundaries directly adjacent to Tax IDs 754-686-6174 and 754-687-4407, not along other property boundaries. Staff agrees that the landscaping offered would provide adequate visual separation between the existing playground and residential uses. A condition is also recommended that would require existing vegetation be supplemented, where necessary within the forty (40) foot setback for any expanded or new playground areas in order to achieve the 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 twenty-nine (29) years without any apparent adverse impact on area properties. As conditioned, the use would have no 5 12SN0143-MAR28-BOS-RPT greater impact on existing and anticipated area residential development than does the permitted church use. In addition, the recommended and proffered 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): Dr. Brown excused himself from the hearing, indicating he had a conflict of interest. On their own motion and with the applicant's consent, the Commission deferred this case to their February 2012 regularly scheduled public hearing. AYES: Messrs Bass, Gulley, Hassen and Waller. ABSENT: Dr. Brown. Staff (12/13/11): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 19, 2011 for consideration at the Commission's February 2012 regularly scheduled public hearing. Staff (1/5/12): To date, no new or revised information has been received. Planning Commission Meeting (2/21/12): Dr. Brown excused himself from the hearing, indicating he had a conflict of interest. The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended approval subject to the conditions and acceptance of the proffered condition on pages 2 and 3. 6 12SN0143-MAR28-BOS-RPT AYES: Messrs. Gulley, Waller, Patton and Wallin. ABSENT: Dr. Brown. The Board of Supervisors on Wednesday, March 28, 2012 beginning at 6:30 p.m., will take under consideration this request. 7 12SN0143-MAR28-BOS-RPT -F- F- I I 1 I '` / ~~. Q ~~~ `W ~ . \ N ~ ~ ~ ~w ~w~~ 0 / a ~ ~ W M / ano~OUZ ~~Zp ~ ~ ao ~ H y n Ii Z D ~ V nt XZ ~ \\ ~ a mm~ `/ \ ~ ~ ~ ~ ~ ~ ~~ _~ \~ ~ ~ ::::.. ~ ~` N ~ J :: ........................ U ~ ~ p. .~~~~ ~ ~ I i ~ Q ~-~~ ~ a ~~ e- ~_ ~ ~ Gyo ~ ` P i ` ` ti LL Y \ ` U W ~ ~o ~ U / U O~~~U ` LL ~GG~ ` U ` U m E~GN~ ~ ~d U U I ~ ~ ` , ` ~ ;~ ~ ~, - ` / ~ \ ` \ U U Q ~ ~~ ~~ \ N 1 i \ N ~ ~ ~ ~~- t~ Q ~. y '-~,_ ~ ~ ~ , < <_ Q \ \ ~ ~~ ~ W z~cn ` J 11,~ I..L ~n J~ o ~ M ~ ~ °o / ~ M ~ 0 Z f1 O ~ N ::: `~ a