13SN0503CASE MANAGER: Ryan Ramsey
F el~~y-'~~r~
March 13, 2013 B S
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0503
Muhammad Rais, MD
Midlothian Magisterial District
1340 and 1346 Alverser Plaza
REQUEST: Amendment of rezoning (Case OOSN0188) plus conditional use approval to
permit a hospital use (sleep clinic) in a Corporate Office (O-2) District.
PROPOSED LAND USE:
A medical office and clinic currently operate on the request properties. A sleep
clinic, which will include overnight lodging is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed land use conforms to the Comprehensive Plan, which suggests the
property is appropriate for Community Business uses.
B. The proposed land use is representative of and compatible with existing and
anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITION NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH
STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
The applicant hereby amends Proffered Condition 1 in Case OOSN0188 to read as follows:
(STAFF/CPC) 1. Limitation of Uses Within Tract A. Within that portion of the
Property designated as Tract A ("Tract A") on the Zoning Plan
prepared by Joseph, Cox & Associates dated February 7, 2000 ("the
Zoning Plan"), the only permitted uses shall be:
a. Those uses permitted by right or with restrictions in the
Corporate Office (O-2) District, except that the following
uses shall not be permitted:
i. Funeral homes or mortuaries;
ii. Fire stations or rescue squads;
iii. Medical clinics; and
iv. Veterinary offices;
c. Hospitals, provided that:
i. Ambulance traffic shall be prohibited.
ii. The hospital shall be limited to providing care to
patients for a sleep clinic only. (P)
(Staff Note: With the exception of Proffered Condition l.a and the addition
of Proffered Condition l.c, all previous conditions of Case OOSN0188 shall
remain in effect for the subj ect property, as amended by Case O 1 SN0166.)
GENERAL INFORMATION
Location:
The request property is located off the west line of Alverser Drive, southwest of Huguenot
Road, and is better known as 1340 and 1346 Alverser Plaza. Tax IDs 739-710-2770 and
3075.
E~stin~ Zoning:
O-2 with conditional use
Size:
0.4 acre
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Existing Land Use:
Office
Adjacent Zoning and Land Use:
North, South and East - O-2 with conditional use; Office and commercial
West - R-7; Single-family residential
UTILITIES
Public Water S.. sue:
The request site is located within the Robious water pressure zone. There is an eight (8) inch
water line extending along the frontage of the property. The request site is currently
connected to the public water system. This request will not impact the public water system.
Public Wastewater System:
The request site is located within the Falling Creek sewer service area. There is an eight
(8) inch wastewater line extending along the frontage of the property. The request site 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 no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Bon Air Fire Station, Company Number 4, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
This request will have no impact on these facilities.
Vir ing is Department of Transportation VDOT~:
This request will have no impact on these facilities.
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LAND USE
Comprehensive Plan:
The Comprehensive Plan designates the property for Community Business. This designation
suggests commercial uses that serve community-wide trade areas, attracting customers
living or working within an approximate radius of ten (10) miles are appropriate.
Area Development Trends:
The area is characterized by a mix of residential, office and commercial land uses. Property
to the west is currently zoned Residential (R-7) and is occupied by single-family residences
in the Bransford subdivision.
Zoning HistorX:
On March 15, 2000 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved a rezoning from Residential (R-7) and Corporate Office
(O-2) to Corporate Office (O-2) with a conditional use to permit commercial uses (Case
OOSN0188). The Board approved conditions that limited commercial uses, outlined
development standards and phasing requirements for the project.
On January 23, 2002 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved an amendment to Case OOSN0188 relative to the
phasing of commercial development. (Case O 1 SN0166)
Hospital Sleep Clinic) Use:
The Zoning Ordinance defines a "clinic" as an establishment where patients who are not
lodged overnight are admitted for examination or treatment by physicians. The applicant
requests the operation of a sleep clinic that would require lodging overnight of patients. To
permit overnight lodging a sleep clinic is classified as a hospital use.
As noted, the request property is zoned Corporate Office (O-2) and identified as "Tract A"
of Case OOSN0188. Within "Tract A", current conditions of zoning permit O-2 uses, with
the exception of five (5) uses one of which is hospitals. As proffered, hospitals would
become a restricted use specific to a sleep clinic with no ambulance service.
Further, as a restricted use in the O-2 District, the ordinance precludes the location of a
hospital within 100 feet of an adjacent property that is zoned for or planned for residential
uses. In addition, any emergency room entrance must be oriented away from zoned or
planned residential uses. Given that the proposed sleep clinic is within 100 feet of
residentially zoned property in the Bransford subdivision, relief to this separation
requirement through conditional use approval is also requested. The entrance to the sleep
clinic will be oriented towards Alverser Plaza and away from this adjacent residential
development. As previously noted, ambulance service would not be permitted.
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CONCLUSION
The proposed hospital (sleep clinic) use complies with the Plan. As proffered, this use would be
no more intense than uses currently permitted within the project and would continue to provide
appropriate transition to area residential development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/19/13):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, March 13, 2013 beginning at 6:30 p.m., will take
under consideration this request.
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