04SN0228-May26.pdfMay 26, 2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
REQUEST:
04SN0228
Family-Time COUrthouse, LLC
"BermudaMagisterial District - ..
West line Of Rivers Bend Boulevard
Amendment to'ConditiOnal Use Planned Development (Case95SN0 !09) to pe~t a-
child care center.-.Spe(ffi/~ally, an amendment toSecti0niD, Number 4°f~e~e~..
statement iS. propoSed tO deiete the prohibiti°n of Child.care Centers in~S ::
NeighborhoodOffice (04 ) .Tract. ' . - .
PROPOSED'LAND USE: '
A child care center ispI .a~med.
PLAmUNO:coMMIssION coMMEND^TION
RECOMMEND APPROVAL sUBmcT TO THE CONDITION
PROFFERED CONDITIONS ONPAGE 2. '
ST~FRECOMMENDATION.
Recommend approval for the follo~gxeasons'.
A.. The proposed land:~uSe~cOmplies-wiS the:ConsolidatedEastem Area'Plan which
suggests the sUbj'ect~P~ertYis appro~riatef°r Nei~~d. MiXedUSe to:inchede
professional and. a~strative offi~ces,_ residenti~ ~Use of.Varying.densities~knd
supportive commerciai~d serVice mes~
. B. - - The proposed use is typically permitted withinNeighborhood Office (O~1)Distd~ts~
Previously imposed conditions and Ordinance standards will ensure adequate land
use transition will be maintained.-
(NOTE:-' CONDITIONS MAY BE IMPOSED 'OR THE PROPERTY OWNER MAY PROFFER
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 WITH~ ONLY A "CPC" ARE
ADDITIONAL CONDITIONS' RECOMMENDED BY THE PLANNING COMMISSION0
CONDITION
(STAFF/CPC)
The folloWing uses shall not be permitted:
Convalescent homes, nursing homes, rest homes.
Group care facilities.
Non-profit. Civic, social and fraternal lodge.
Propagation of crops, flowerS, trees or shrubs for sale.
Public and Private forests and wildlife preserves. (P)
(Note: This condition supersedes Section D, Number 4 of the TextUal
Statement of Case 95SN0109 for'the request, property only. 'All. other
conditions of Case 95SN0109 shall remain applicable.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
An opaque wooden or vinyl' fence at least six (6) feet in height shall
be constructed along the western property line. SuCh fence shall be
located at 1east forty (40) feet fxom'the western property line. (P)
(STAFF/CPC) 2.
The required forty (40) foot buffer along the western property line
shall be planted in accordance.with Perimeter landscaping C (option
I). In addition, a single row of-Leyland Cypress having an initial.
height of a minimum of four (4) feet shall be planted eight (8) feet ori
center within this buffer. (P)
GENERAL INFORMATION
Location:
West line of Rivers Bend Boulevard, south of Hogans Drive. Tax ID 815-653-1888 (Sheet
27).'
Existing Zoning:
Neighborhood Office (O-1) with ConditionalUse Planned DevelOpment
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Size:
2.8 acres
ExistingLand Use:
Vacant
Adjacent Zoning and Land Use:
North - O-1 w/Cofiditional-Use Planned Development and R-'I 5-w/Conditional Use Planned
Development; Office or vacant
South - A; Single family residential or vacant
East - R-15 w/Conditional Use Planned Development; Single family residential
West - R-15 w/Conditional Use Planned Development; Single family residential.
UTILITIES
Public Water System:
A twenty (20) inch water..line extends along the west-side of Rivers Bend Boulevard,
adjacent to the request site. Use of the public water system is required as a condition of
zoning. (Case 95SN0109)
Public Wastewater System:
A tWelve (i2) inch wastewater trunk line extends from Rivers Bend Boulevard across this
site to serve Rivers Bend SubdivisiOn, Section 9. Use of the public' wastewater system is
required as a condition of zoning (Case 95SN0109). Depending upon the future location of
the child care center on this site, relocation of the existing mink line may be necessary.
ENVIRONMENTAL
Drainage and Erosion:
The property drains in several' directions with the majority draining west through Rivers
Bend Subdivision via storm sewers and natural watercourses'and eventually into the James
River. There are no existing, or anticipated on- or off-site drainage or erosion problems.
PUBLIC FACILITIES
Fire Service:
The Rivers Bend Fire Station, Company Number 18, currently provides fire protecti°nand
emergency medical service. This request will have minimal impact on fire and EMS service.
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04SN0228-MAY26-BOS
When the property is developed, the number of hydrants, quantity of water needed for fire
protection and access requirements will be evaluatedduring the plans rexdew procesS.
Transportation:
This request will have no impact on the anticipated traffic generated by development 'of
Rivers Bend.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the COnsolidated Eastern Area LandUse Plan which designates
the request property, as :a 'NeighborhOod .Mixed Use-area where .professional and
administrative offices, residential use of varying densities and SupportiVe commercial and
service uses are appropriate.
Area Development Trends:
Properties to the north are zoned Neighborhood Office (O-1) with Conditional Use Planned
Development and Residential (R-15) with' Conditional.Use planned Development and are
occUpied by office use or are vacant. Properties to the southare zonedAgricultural (A) and
are occupied by single family residential use or are vacant, Properties to the east and west
are zoned Residential (R~ 15)with Conditional'Use Planned Development andare occupied
by residences in the Rivers Bend SubdivisiOn or are vacant.
Zoning History:
· On September 28, 1988; the Board of SuperViSors, upon a favorable recommendatiOn bYthe
Planning Commission, approved rezoning with a Conditional Use Planned Development
(Case 87S039) to permit miXeduse deVelopment on 972.5 acres, :which included the request
property.
on' August 23; 1989, the Board of Supervisors approved rezoning with COnditional. Use
Planned Development, plus amendment to a previOuslY~granted:ConditiOnal Use planned
Development (Case 87S039)relative touse ofpublic water andseWer onthe request property
and other properties now included in the Rivers Bend miXeduseProject, but not included in
the current request. (Case 89SN0264)
on OCtober 26, 1994, the . Board of Supervisors approved rezoning with ConditionalUse
Planned Development (Case 95SN0109)to permit expanSion.OftheRivers Bend mixed use
project: With the approval of this case, the subject -property~and adjacent properties to the
north were rezoned from Residential (R, 15)to Neighborhood Office(O,1). Conditions~of
approVal addressed specific permitted and restricted uses onthe-requeSt.property which'was
designated as part of the-Neighborhood Office (O-1) TraCt: in the Textual Statement.
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Permitted uses included uses permitted within the Neighborhood Office (O-1) District,
rescue squads and fire stations, laboratories'and messenger ortelegraph services. Prohibited
uses included convalescent or nursing homes, grouP care facilities, non-profit civic, social
and fraternal lodges, nursery school, day care centers and kindergartens, propagatiOn of
crops, flowers, trees and shrubs for sale and public and private forests.and wildlife preserves.
Current Proposal:
With the'approval of this.request, SectionD~ Number 4 of the Textual Statement of Case
95SN0109 would be amended to delete the prohibition of day care centers within a portion of
the Neighborhood Office (O-1 ) Tract (Condition). Child care centers are typically permitted
within Neighborhood .Office (O- 1) Districts.
Use;
With the approval of this request, a child care center would be permitted in addition to those
uses permitted by the previous case (Condition). Child care centers are typically permitted
within Neighborhood Office (O-1) Districts.
Site Design:
The subject property is located ina Neighborhood Office (O-1) District and is therefore
subject to development standards of the Zoning Ordinance for Emerging Growth District
Areas. These standards address access, parking, landscaping, architectural treatment,
setbacks, signs, buffers, utilities, screening ofdumpsters and loading areas and lighting. In
addition, except as amended, conditions of Case 95SN0109 remain in effect.
The applicant submitted, proffered conditions relatiVe'to fencing and additional landscaping
to be provided along the Western.property boundary to address' adjacent property owners'
concerns regarding visibility, into the site. (Proffered Conditions 1 and 2)
CONCLUSIONS
The proposed land use complies with the Consolidated Eastern AreaPlan which suggests the subject
property is appropriate for Neighborhood Mixed Use to include professional and administrative
offices, residential use of varying densities and supportive commercial, and service uses. A child care
center is typically permitted within Neighborhood Office (O-1) Districts. Previously imposed
conditions and Ordinance standards will ensure adequate land USe transition will be maintained.
Given. these considerations, approval of this request is recommended.
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CASE HISTORY
Applicant (4/8/04):
Proffered conditions were. submitted.-
planning Commission Meeting (4/20/04):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Wilson, seconded by Mr. Gulley, the Commission recommended approval
subject to the Condition and acceptance of the proffered conditions on page 2.
AYEs: Unanimous.
The Board of Supervisors, on Wednesday, May 26, 2004, beginning at 7:00 'p.m., will take Under
consideration this request.
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