91SN0125February- ~ 9 ~ - ~ 99 ~ - ~P~
February 27, 1991 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
91SN0125
Betty-Anne Clark Roberson
Clover Hill Magisterial District
North line of Academy Drive
REQUEST: Amend Conditional Uses (Cases 80S163 and 82S088) to delete the
restriction on operation rights of a day care center.
PROPOSED LAND USE:
Continued operation of a day care center, within an existing church
complex, is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO ~ CONDITION ON PAGE 1.
STAFF RECOMMENDATION
Recommend approval for the following reason:
Conditions of zoning address land use compatibility and would remain
applicable regardless of who operates the day care center. Therefore, the
proposed amendment shoul~ not impact the operation of the day came center
or area residential properties.
(NOTE: THE CONDITIONS NOTED WtTH "STAlrF/CPC" WERE AG~]~UPON BY BOTH STAI~'~
THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENIIEU SOr.~I3 BY STA~.
CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE
PLANNING COMMISSION.)
CONDITION
(STAFF/CPC)
With the approval of this request, Condition 1 of Case 89S163
shall be deleted. (P)
(NOTE: Ail other conditions of zoning approval for Cases 80S163
and 82S088, relative to the operation, of the day care center,
remain in effect.)
GEN-E~IAL INFORMATION
Location:
North line of Academy Drive, east of Condrey Ridge Drive. Tax Map 38-10
(1) Parcel 1 (Sheet 14).
Existing Zoning~
A with Conditional Uses to allow a day care center and private school
within an existing church complex.
Size:
15.74 acres
Existing Land Use:
Church with day care and private school facilities
Adjacent Zoning & Land Use:
North - A; Yacant
South - R-9; Single family residential
East A; Single family residential or vacant
West A; Yacant
PUBLIC FACILITIES
Utilities:
The existing facilities are utilizing an approved septic system and well.
The applicant has indicated that the existing facilities will not be
expanded. The Health Department has indicated that the existing septic
system and well were designed for a private school, which previously
occupied the building and are adequate to serve the day care center.
Drainage and Erosion:
This amendment will have'no impact on these facilities.
Fire Service:
Wagstaff Fire Station, Company ~10. This amendment will not generate
additional need for fire protection se~;ices.
Transportation:
This amendment will have no impact upon the existing transportation
network.
2 91SN0125/PC/FEB27Q
General Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Land
Use and Transportation Plan, which designates the property 'for
public/semi-public use.
Area Development Trends:
Adjacent properties are zoned Agricultural (A) and Residential (R-9) and
have been developed for single family residential uses or are vacant.
Zonin~ History:
On December 10, 1980, the Board of Supervisors, upon a favorable
recommendation from the Planning Commission, approved a Conditional Use to
permit a day care center at an existing church complex (Case 80S163),
subject to the following conditions:
CONDITIONS
This Conditional Use shall be granted to and for Shelia D.
Lindseyand shall not be transferable nor run with the land.
There shall be no exterior addition, alteration, or modifications
to the existing structures.
On November 24, 1982, the Board approved a Conditional Use to permit a
private school at the church complex (Case 82S088). Condition 3 of Case
82S088 limited the number of students enrolled at the private school to 180
and, at the same time, limited the number of children enrolled at the day
care center to 100.
As noted herein, amendment is requested to delete the restrictiom on
operating rights for the day care use.
Site Design:
The site has been developed for, and is occupied by, a church complex with
associated recreational facilities and driveway and parking areaa.
Condition 2 of Case 80S163 prohibits exterior additions, alterations or
modifications to existing structures to accommodate the day car~ use.
Buffers & Screenin~
The Zoning Ordinance requires that solid waste storage areas (i.e.,
dumpsters, garbage cans, trash compactors, etc.) be screened from view of
adjacent property and public rights of way by a solid fence, wall, d~nse
evergreen plantings or architectural feature.
3 91SN0125/PC/FEB27Q
Conclusions:
As noted herein, the request property is occupied by a church complex with
Conditional Uses to permit a day care center and a private school. The
current request is for amendment to Conditional Uses (Cases 80S163 and
82S088) to delete the restriction on operating rights for the day care
center~ This amendment should not impact the operation of the day care
center or area residential properties since other conditions address land
use concerns, regardless of who operates the day care center.
CASE HISTORY
Planning Commission Meeting (2/19/91):
The applicant accepted the recommendation.. There was a citizen present wko
expressed concern relative to the use of a septic tank. It was explained
that the use would be permitted by County Ordinances to utilize a septic
tank.
On motion of Mr. Warren, seconded by Mr. Perkins, the Gommission
recommended approval of this request, subject to the condition on page 1.
AYES: Messrs. Warren, Perkins, Miller and Mrs. Boisineau.
ABSENT: Mr. Belcher.
The Board of Superviiors on Wednesday, February 27, 1991, ~beginning at 2:00
p.m., will take under consideration this request.
4 91SN0125/PC/F~B27Q
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~'. PROVIDENC£
JR. HISH 3CHDOL.
PROVil
W, PROVIDENCE
El. EM, :BCH OOL
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~l~.e be~t of m7 knowledge a~d belief, the
I am the applicant for the t.~d u~e amendment on parcel number
2. With the exception of ' governmental entities and public service
compani, es owning recorded easements over the proper%y (the "Subject
Property") wh/ch is the subject of the laud'use amendment application referred
'per~ons owning any
tko ~ollow~m.~ is a list cfi the names ~--u~d addr--s}es cf ail
Iegml or ~qtz/table interest in the subject Property as a
"~tle owner, lessee, easement owner;"ccntract purchaser, ass/4-nee, opt/nnee,
licensee or noteholder, including trustees, benefi~.aries of trusts,
partners, ~ted partner~ ..nd all other nature/ or artific/ai persons:
general
l~ame Address Type of Ownersl~.~ Interes~ ]~kG~U '
3. The foLlow~ ~ a I~: 'o~ ~J~e na~nes a~d addresses cf aJ~ nat~r~ or
venire, ~r~st or o~her ar~ person ~sclosed in Pa~a~.-~ph ~ (o~her th~n
~ose Hs~ed ~ P~agraph ~ or ]?aragr~ph ? below) which h~ a tow of ten or
fewer shareholders, par~e~, benefl~-~es or owners:
Naomi' ' Address Name of ArtLfic[.~ Person
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4. The fallowing is a IL~ of 1:he names and addresses of ~ na~ or
~~-{ persons o~g 10% or mo~ of ~y ~s of ~ock ~aued by a
~ed ~ P~a~aph 6 or 7 b~ow):
Name Address
Name of Corporal/on
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"f~g ~ a ~ of ~ m~be~ of ~e ~o~ of ~u~e~o~ of Chest~d
honseho~ o~ ~I ~e~s~ ~ ~e Sub~ P~pe~ ~ a ~e o~er,
e~emen~ owner, ~n~ac~ purch~er, lessee, ~~. op~onee or ~censee.
~er ~d~y or bt o~er~p of ~ ~teres/ ~ a co.craYon.
p~ers~p, ~o~ ven=e or o~her ~~ person o~g ..~y such
Name of Household Name of Superv/so.r_ .... .D. escrip~/on of Ownersh/p
Member or Com.~sioner' Interest
-4- SM/nwp4770 :N27
"cou~ter m~.rke~ or have more tha~ 100 sh~eholders:
· . 7. I' hereb~ ce~cf.l~r *~: after the e~erc/se of due a~'~gence, I have
been unable to Ies.~n the ident-~es of the owners of the following cor~or~ons,
par~ersh/ps, ~o/nt ventures, trusts or other art/ftc/at persons d/sc!osed ~n
Paras~raph 2:
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8. Lf any of ~e persons dis ~c/osed in Par~Taphs 3 or 4 above ~ a
"hereby ce~ ~ no member off ~e Bo~d of Supe~ors of Ches~e~eld
household, o~er ~ ~ose Sure--ors, Com~one~ or household members
~ed ~ P~a~ph 5 above, ow~ ~y mteres~ ~ ~e Sub~ec~ P~pe~ ~ a
~e owner, easement owner, contract 9~er, lessee, ~ee, o9~onee or
~censee, ~er ~du~y or by owners~p of ~ ~terst ~ a corpora~on,
~us~, p~ersMp, ~o~t ven~'e pr o~e= ~~ person o~ ~Y such
~teres~.
9. P~or ~o ev~ pubic he~ ~ co~ec~on ~ ~e ~--d use
~en~en~ appM~on r~e~d. ~:o ~ P=~a~ I above, ~ ~ ~e a ~sed
.fo~ above.
WITi~'H;SS the roi/owing si~nat~are:
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State afor~ss/d, and swore or ~f~-med that the mat~ers s~ated in the foreToin~
Zo~ D~sc!asu=e A¢~davit ar~ true to the best of ~ knowlecl~e and be~ef.
'"
Gi=en =nde= m~' hand th/s /'7 da'~,' of , 19 )0 ·
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