03SN0330-Apr28.pdf' '~A',~,,1-, I ~ O~A-r'~T)r~
April 28, 2004 BS
~ R~- ~ QUEST:
RECOMMENDATION
038N0330
CrOss OVer Ministry, Inc. '
Bermuda MagisterialDistfict
2619 Sherboume Road
C0nditional:USb'~t0permit a medical clinic in a Residential (R-7) District._
. PROPOSED LAND uSE!:
i'~ :~-~' Continu?d-0Peratipno£amedical clinic within a ChUrch stmcture is planned: Theme
; ! . .-' has been,operating fora'number of years Withom therequisite zoning: - The 'applicant
. ' · . seeks m,b~gtheUSeinto conformance;with:the Zonil~g Ordinance.
pLUG COMMIssION REcoMMENDATioN
'-~CO~APPROV~.SUBJECTTO THE CONDI~ONS ON PAGE 2.
AYES: MESSRS. BASS, GECKER, GULLEY AND LITTON.
ABSENT: ~MR.. WILSON.': '-
· ... . · . ~ ~lArr~ RECOMMENDATION
'K~commend approval for the follOwing reasons:
,..~., A: While the USe doe~ not conformto the Jefferson Davis Corridor Plan which suggests
'' ,.' the property: is:apPropriate .for resider~ial Use of 2.51 to 4.0 units per. acre, the
,~ location withina Church structure and on the-fringe of the suggested residential area,
minimizes.the impacton area residential development.
B. The recommended.conditionS further address.any pOssible impacts the use may have
on area development.
Providing a FIRST CHOICE Community Through'Excellence in Public'serVice.
(NOTE:. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIoNs WITH ONLY A "STAFF"
ARE RECOMMENDED SOLELY 'BY STAFF. CONDITIONS WITHONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION0
CONDITIONS
(STAFF/CPC) 1.
(CPC) 2 .'
(CPC) 3.."
Any medical clinic shall only be permitted so long as a chUrch
operates on the property. 6')
This Conditional Use shall be granted for a period not to exceed two
(2) years from the date of approval. (P)
Any medical clinic use shall only be open to the public no more than
three (3)daysper week, from 9:00 AM to 4:00 PM. There shall be no
Saturday or Sunday operations; (P)
(cpc)
o
~Any controlled substances such as prescriptions, needles and
narcotics shall be placed in a secUred cabinet when the medical clinic
is not open to the public. 6')
(cpc)
(cPc)
Se
Signs Shall 'be posted on the property prohibiting loitering. 6')
Any medical clinic shall be located within the basement of the chUrch
structure. 6')
(cPc) 7.
PerSons using the clinic shall enter and exit the facility on the east
side of the building. 6')
(CPC)
· Any solid waste.storage area shall be located a minimum of 100 feet
from adjacent'residentially Zoned properties 'and shall be screened by
a solid Wall or fence. 6')
GENERAL INFORMATION
Location:
South line of Sherboume Road and known as 2619 sherboume Road. Tax ID 790-683-4329
(Sheet 12).
Existing Zoning:
R-7
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Size:.
' 1.0 acre
Existing Land Use:'
.... Church
Adiacent Zoning and Land Use:
North
South
East
West
- R-7 and C-3; single family residential or vacant
' R-?; vacant
- C-3 and C-5; Commercial or vacant '
- R-7; Single family residential
UTILITIEs.
Public Water System:
There is an eight (8)·inch-water line along the south side of SherboUrne Road, adjacent to this
site..The existing church facility is connected to the public water system. Useofthe public
water system is required by County Code.
Public Wastewater System:-
There is an-eight (8) inch wastewater collector extending along a portion of Sherboume
Road, adjacent to this site. The existing church facility is connected to the public wastewater
. system; Use of the public wastewater system is required by County Code.
Drainage and Erosion:
This request will have no impact on these facilities.
PuBLIC FACILITIEs.
Fire Service:
The Bensley Fire/Rescue Station, Company Number 3, currently provides fire protection and
emergency medical service (EMS). This request will have minimal impact on fire and EMS
service.
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TranSportation:
The property (1.O acre) is zoned'Residential-(R-7) and a church (Sherboume Methodist
Church) has been devel0ped on the property. The. applicant is requesting a Conditional Use
to permit a medical clinic to operate on the property, and intends to use the basement of the
existing church. Traffic generated'by this use will be diStributed, via Sherboume Road, to
Jefferson DaVis Highway (Route.I/301 ), Which had a 2003 traffic 'count of 26,422 average
daily trips. -
Parts' of Sherboume Road in the vicinity of the prOperty and Ronte 1/301.-are within the
' Jefferson Davis Highway Enterprise Zone. Based'on.the Board of SuperVisors' policy
regarding develoPment~ within'the Enterprise Zone, road improvements will not'be required
by'the County. Road improvements may be required .by the Virginia Department of
Transportation. '
LAND USE '
ComprehenSive Plan:
Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the property
is appropriate for residential use of 2.51 to 4.0 dwelling units per acre;
Area Development Trends:
Adjacent properties to the east and a portion of adjacent properties to the nOrth are zoned for
commercial uses and .haVe been developed for such uses or remain.vacant. Remaining
adjacent property to the nOrth, as wellas adjacent property to the sOuth and west is ZOned and
.developed for residential' uses or .is vacant. It is anticipated that area properties will
eventually be developed fOr community commercial uses east of the subject property, along
the Jefferson Davis. Highway frontage.. The Plan anticipates remaining area properties to
continue to develop for residential uses.
Uses:
A medical clinic, which is intended to provide medical services to the needy is planned. A
church is currently located on the proPerty, The. medical clinic is to be located in the
basement of the church structure. Conditions 1 and 2 are.intended to minimize the impact
the medical clinic may have on area residential development, by allowing suchuse so long as
a church operates on' the site and only within structures occuPied by church uses. These
conditionS would not allow a freeStanding medical clinic on the property.
CONCLUSIONS
While the use does not conform to the' Jefferson Davis Corridor Plan which suggests theproperty is
appropriate for residential use of 2.51 to 4~0 units per.acre, the location within achurch structure and
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03SN0330-APR28-BOS
fringe. °f'the Suggested~eSidential area, minimizes ,any adverse impact on area residential
:development~ ThereCo~endedCondifions further address any Possible adverse impacts the use
Giventhese COnsiderations, apprOval of this request is recommended.
CASE HISTORY'
planning Commission Meeting(9/17/03):
At the request of the apPlicant, .the Commissiondeferred this case until January 20, 2004.
8~(9/23/03):
The applicant was advised in'writing that any new Or revised information should .be
submitted no laterL~anN°vember 17~ 2003, for c°nsiderati°n at the commission's January
20, 2004;Public he.g; .Also; the applicant was adVised that a $130.00 deferral feI,' must be
paid prior to the C0mmiSsion's public hearing
APplicant (10/7/03):
The'$ i 30.00 deferral: fee was-paid.
staff(12/lO/03):
.. ~... To date, no additiOnal information has been received.
.... Planning Commission Meeting (1/20/04):
On their own mOtion, the Commission deferred this case to March 16, 2004;
Staff (2/18/04):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than January 26, 2004, for consideration at the Commission's' March
16, 2004, public hearing.
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Applicant, Area Citizens, Staff and Dale District CommissiOner (2/26/04):
A meeting was held to discuss this ease. Coneerus were expressed relatiVe to the service
area, nUmber of patients..antieipated, the need for the use and the anticipated impact on the
Planning Commission Meeting (3/16/04):
The applicant accepted the recommendation. There was opposition present, Concerns were
expressed relative to increased traffic; .duplication of services provided by the County;
increased crime; setting a precedent for other inappropriate uses in churches; lack of
sidewalks; medical waste; location of use in relationto residential area; and day~ and hours
of operation. It was indicated that if the use were approVedthen certain conditions should be
imposed to minimize.the impact on area residential development.
Mr. Litton notedthat while itis a difficult case, the clinic provides 'a good.and needed
service, He indicated it is commercial encroachment into a residential neighbOrhOod. He
also indicated an effort is ongoing to' find an alternative location for the clinic: He suggested
approval of.a limited time-and introduced a number of conditions.
There was general consensus that.the use provides a needed service; however, the use is not
compatible with area residential' uses. The Commission indicated that it would be
appropriate to allow the use to operate for a limited time while a more appropriate location is
being sought.
On motion of Mr~ Litton, seconded by Mr. Bass, the COmmission recommended approval
subject to the conditions On page 2.
AYES: Messrs. Bass, Gecker, Gulley'and Litton.
ABSENT: Mr. WilsOn.
The Board of Supervisors, on Wednesday, April 28, 2004, beginning at 7:00 p.m.., willtake under
consideration this request.
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