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17SN0563 CASE NUMBER: 17SN0563 APPLICANT: Iqra Academy of Virginia CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: CLOVER HILL 10700 Academy Dr AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: NOVEMBER 16, 2016 BOS Time Remaining: 365 DAYS Applicant’s Agent: AMIR SAEED (804-330-4888) Applicant’s Contact: IQRA ACADEMY OF VIRGINIA (804-330-4888) Planning Department Case Manager: DARLA ORR (804-717-6533) APPLICANT’S REQUEST Amendment of conditional use (Case 82SN0088) to transfer operating rights of a private school in an Agricultural (A) District. Operation of a private school and child care center is planned. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.A proffered condition and conditions of Case 82SN0088 are located in Attachments 1 and 2. RECOMMENDATION PLANNING RECOMMEND APPROVAL COMMISSION (10/18/2016) RECOMMEND APPROVAL The proposed amendment would permit the applicant to operate the private school. Compliance with all other conditions of the existing STAFF zoning ensures the school is no more intense than previous schools operating on the property for over 50 years. Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue PLANNING - FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 217SN0563-2016NOV16-BOS-RPT 317SN0563-2016NOV16-BOS-RPT Map 2: Comprehensive Plan (Northern Courthouse Road Community Plan) Classification: RESIDENTIAL AND CONSERVATION/RECREATION The designation suggests the property is appropriate for residential use of 2.5 dwelling units per acre or less, places of worship, schools, parks and other similar public/semi-public facilities. Map 3: Surrounding Land Uses & Development Powhite Pkwy Academy Dr Courthouse Rd Vacant; public park planned Residential use within Solar II Subdivision & on acreage properties 417SN0563-2016NOV16-BOS-RPT PLANNING Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Conditional Use to permit a child care center at an existing Approved church complex; conditions limited approval to the Shelia 80SN0163 (12/1980)Lindsey, the applicant, and prevented exterior additions/alterations to existing buildings Conditional Use to permit a private school for grades K through 12 Conditions of approval provided: Approval to Christ Community Church only o Approved 82SN0088 A plan of development o (11/1982) Maximum school enrollment –180 students o Maximum day care enrollment – 100 children o 1 sign to identify use o Prohibition on additions to existing structures o Amendment to Cases 80SN0163 and 82SN0088 to remove Approved 91SN0125 operating rights restriction of the child care center to a (2/1991) specific entity PROPOSAL Private school, child care and church uses have been operated on the property for over 50 years, while not continuously, beginning with Tomahawk Academy in the early to mid 60s. The Applicant plans to move their existing school, Iqra Academy of Virginia, to the property. They will operate a private school for Pre-K through 12 grades and child care center. As with Case 82SN0088, enrollment would be limited to a maximum of 180 students and 100 children in the child care center. Use of the existing buildings, with no additions to existing structures is also planned in compliance with the existing zoning conditions. Approval of this request should not impact the operation of the private school or increase impact on area residential properties. Existing conditions, which will remain unchanged, address land use concerns, regardless of who operates the private school and child care center. 517SN0563-2016NOV16-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Wagstaff Fire Station, Company Number 10 EMS Facility The Manchester Volunteer Rescue Squad The request will have a minimal impact on Fire and EMS. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov The Transportation Department offers no comment on this request. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT offers no comment on this request. WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The site is currently served by an individual well and septic system. Connection to County water and wastewater systems is not required by County Code. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Environmental Engineering has no comment on this request. 617SN0563-2016NOV16-BOS-RPT CASE HISTORY Applicant Submittals 8/9/2016 Application submitted 10/6/2016 Proffered condition submitted Community Meetings 10/6/2016 Issues Discussed Maintenance of Academy Drive; is road in State system With prior operators, had issues with people parking on edge of neighbors properties School operates daily, with limited weekend activities; operates similar to public school hours Additional traffic along Academy Drive, Providence Road and within Solar II Subdivision Planning Commission Meeting 10/18/16 Citizen Comments No citizens spoke to this case Commission Discussion Ms. Freye noted that aprivate school had operated at this locationfor decades with no apparent negative impacts onarea neighborhoods; the same conditions would be maintained, other than the requested change to operational rights; the community meeting was well attended with no issues expressed regarding this change; and one letter of opposition received misinterpreted the request as new use rather than an amendment to an existing use. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION IN ATTACHMENT 1 Motion: Freye Second: Jones AYES: Wallin, Sloan, Frye, Jackson and Jones The Board of Supervisors on Wednesday, November 16, 2016, beginning at 6:30 p.m., will consider this request. 717SN0563-2016NOV16-BOS-RPT ATTACHMENT 1 PROFFERED CONDITION Note: Both the Planning Commission and staff recommend acceptance of the following proffered condition, as offered by the applicant. With the approval of this request Proffered Condition 1 of Case 82SN0088 shall be amended as outlined below. All other conditions of Case 82SN0088 shall remain in force and effect. This Conditional Use shall be granted to and for Iqra Academy of Virginia and shall not be transferrable nor run with the land. (P) 817SN0563-2016NOV16-BOS-RPT ATTACHMENT 2 CASE 82SN0088 917SN0563-2016NOV16-BOS-RPT 1017SN0563-2016NOV16-BOS-RPT