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05SN0262-July27.pdfJuly 27, 2005 BS ADDENDUM 05SN0262 Richmond Therapy Consultants Midlothian Magisterial District 400 Coalfield Road REQUEST: Amendment to zoning (Case 97SN0220) to allow pediatric clinic/office and school uses. PROPOSED LAND USE: In addition to uses currently permitted, pediatric clinic/office and school uses are planned. On July 25, 2005, and subsequent to the Planning Commission considering this request, the applicant, submitted an additional proffered condition (Proffered Condition 2) to address concems expressed by the Village of Midlothian Volunteer Coalition. Proffered Condition 2 precludes the transfer of this Conditional Use to others. Staff continues to note the use prohibitions were a result of negotiations with area property owners. After consideration of public input, should the Commission and Board wish to approve this amendment, acceptance of the proffered conditions in the "Request Analysis" and this addendum would be appropriate. (NOTES: A. PROFFERED CONDITION 2 HAS BEEN ADDED SUBSEQUENT TO THE COMMISSION'S CONSIDERATION OF THIS REQUEST. SHOULD THE BOARD WISH TO CONSIDER THIS PROFFER, THEY MUST UNANIMOUSLY AGREE TO SUSPEND THEIR PROCEDURES, AS SUCH PROFFER WAS SUBMITTED SUBSEQUENT TO ADVERTISEMENT OF THE CASE.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITION The uses outlined in Proffered Condition 1 shall be limited to use by Richmond Therapy Consultants / Spiritos School and shali, not be transl~rable or mn 'with the land. (P) 2 {)SSN0262-.lUI ,Y27-.ADDENDUM-BOS July 27, 2005 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 05SN0262 Richmond Therapy Consultants Midlothian Magisterial District 400 Coalfield Road REQUEST: Amendment to zoning (Case 97SN0220) to allow pediatric clinic/office and school uses. PROPOSED LAND USE: In addition to uses currently permitted, pediatric clinic/office and school uses are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. STAFF RECOMMENDATION The existing use prohibitions were a result of negotiations with area property owners. After consideration of public input, should the Commission and Board wish to approve this amendmem, acceptance of the proffered condition would be appropriate. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) 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 WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITION (STAFF/CPC) Uses shall be restricted to those allowed by Proffered Condition 7 of Case 97SN0220 except that the following additional uses shall be permitted: ao Pediatric clinics/offices Schools, public and private. (P) (STAFF NOTE: This condition is in addition to Proffered Condition 7 of Case 97SN0220. All other conditions of approval for Case 97SN0220 remain in effect.) GENERAL INFORMATION Location: West line of Coalfield Road, south of South Carriage Lane and is known as 400 Coalfield Road. Tax ID 727-705-7582 (Sheet 5). Existing Zoning: 0-2 Size: 6.1 acres Existing Land Use: Office Adiacent Zoning and Land Use: North - R- 15; Single family residential South and East - A; Single family residential and public/semi-public (school) West - R-15 with Conditional Use Planned Development; Public/semi-public (school) UTILITIES Public Water and Wastewater Systems: This request will not impact the public water and wastewater systems. The use of the public water and wastewater systems is required as an existing condition of zoning. (Case 97SN0220, Proffered Condition 1) 05SN0262-JULY27-BOS ENVIRONMENTAL AND PUBLIC FACILITIES The proposal will have no impact on these facilities. LAND USE Comt)rehensive Plan: Lies within the boundaries of the Midlothian Area Community Plan which suggests the property and surrounding area is appropriate for planned transition area uses, to include a mix of office, medium density residential, personal service and public facilities uses. The proposed uses comply with the Plan. Area Development Trends: Area properties are developed for a mix of residential and public uses (public schools) or remains vacant. It is anticipated a mix of uses, to include office, residential, personal service and public uses, will continue in the area in accordance with the Plan. Zoning History: On August 27, 1997, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning to Corporate Office (0-2) on the request property (Case 97SN0220). With the approval of Case 97SN0220 a number of conditions were imposed which, among other things, limited uses. Through discussions with area citizens, pediatric clinic/office uses and school uses were specifically prohibited. Development Standards: A residence on the property has been converted for office use with associated paved parking areas and access to Coalfield Road. Case 97SN0220 limited development on the property to a one-story frame structure shown on a plan submitted with the application and a maximum 1,000 square foot addition. That limitation would remain in affect should this request be approved. The request property lies within an Emerging Growth Area. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. Redevelopment of the property or new construction must conform to the development standards of the Zoning Ordinance, which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. In addition, conditions of approval for Case 97SN0220 addressed some development requirements and would remain in effect with approval of this request. 05SN0262-JULY27-BOS CONCLUSIONS The existing business was originally permitted with a rezoning in 1997. With the 1997 rezoning, uses were limited as a result of negotiations with area property owners. After consideration of public input, should the Commission and Board wish to approve this amendment, acceptance of the proffered condition would be appropriate. CASE HISTORY Planning Commission Meeting (7/19/05): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gecker, seconded by Mr. Wilson, the Commission recommended approval and acceptance of the proffered condition on page 2. AYES: Unanimous. The Board of Supervisors, on Wednesday, July 27, 2005, beginning at 7:00 p.m., will take under consideration this request. 4 05SN0262-JULY27-BOS m m ~ m m N 0 LE GORDON DR +