05SN0265-Aug24.pdf
July 19,2005 CPC
August 24, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0265
1. P. Allison LLC
Midlothian Magisterial District
Northwest quadrant of North Providence and Buford Roads
REQUEST: Amend Conditional Use Planned Development (Case 88SN0257) to allow child care
uses within 200 feet of the northern property line.
PROPOSED LAND USE:
An expansion of an existing child care center is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
The condition restricting the location of child care centers was negotiated with area property
owners. After consideration of public input, should the Commission and Board wish to approve this
amendment, the acceptance of the proffered conditions would be appropriate.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER(S) 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
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
1.
2.
All uses located within 200 feet of the northern boundary shall be
limited to those uses permitted in the Office Business (0) District
and child care centers. Uses permitted on the remaining portion of
the property shall be limited to the following:
a. All uses permitted in the Office Business (0) District.
b. Art school, gallery, or museums.
c. Banks and savings and loan associations provided such uses
are confined to the southwestern portion of the property
between the Providence Road access and Twinridge Lane.
d. Barber shop.
e. Beauty shop.
f. Brokerage.
g. Medical clinics provided such uses are not designed to
accommodate ambulance traffic.
h. Messenger or telegraph service.
1. Nursery schools, child or adult day care centers, and
kindergartens.
J. Optometrists sales and services provided that the sales and
servicing of eyewear is done by an optometrist as an
accessory use in conjunction with a medical practice; and not
more than fifteen (15) percent of the gross floor area is
devoted to such sales and services.
k. Rest, nursing, and convalescent homes.
1. Travel arranging and transportation ticket services.
m. Communication studios and stations (not towers).
n. Laboratories - medical and dental.
o. Office/warehouses provided there are no raised loading docks
or tractor trailer traffic no more than thirty (30) percent of
any office/warehouse space shall be used for retail sales as an
accessory use. (P)
(Staff Note: This proffered condition supersedes Condition 4 of
Case 88SN0257 for the request property. Except for Condition 4, all
other conditions of Case 88SN0257 shall remain in effect.)
A combination of grading, plantings, and a solid board fence shall
be provided adjacent to Tax ID 759-707-0504 (containing eighty
three (83) office condominium units, commonly known as Twin
Ridge Office Condos) so as to screen the view of any children's
play areas from this adjacent parcel as well as to minimize the
noise impact of these play areas upon this adjacent parcel. The
exact screening and noise abatement treatment, to include grading,
plant size and species and fence materials and height, shall
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OSSN026S-AUG24-BOS
be reviewed and approved by the Planning Department at time of
site plan approval. (P)
GENERAL INFORMATION
Location:
Northwest quadrant of North Providence and Buford Roads. Tax ID 759-707-Part of 4222
(Sheet 7).
Existing Zoning:
0-2
Size:
2.6 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - R-15; Single family residential
South - C- 3; Commercial
East - C- 3; Commercial
West - 0-2 with Conditional Use Planned Development; Office and commercial
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 by conditions of zoning. (Case 88SN0257)
ENVIRONMENTAL
Drainage and Erosion:
The Environmental Engineering Department offers no comments at this time for amending
the Conditional Use Planned Development. Comments will be provided at time of site plan
based on nearness of the childcare center to the BMP.
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OSSN026S-AUG24-BOS
PUBLIC FACILITIES
Fire Service:
The Buford Road Fire Station, Company Number 9, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service. This request will
have minimal impact fire and EMS.
Transportation:
This request will have no impact upon the transportation facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Midlothian Land Use Plan which suggests the
property is appropriate for office use. The proposed use conforms to the Plan.
Area Development Trends:
Properties to the north are zoned Residential (R-15) and are occupied by single family
dwellings. Properties to the east and south are zoned Community Business (C-3) and are
developed for a contractor's office and shopping center. Property to the west is zoned
Corporate Office (0-2) and is developed as the Twinridge Office Condominium project and
a child care center. It is anticipated that any area development/redevelopment will maintain
appropriate transitions between the commercial uses along the Route 60 Corridor to the
south and the existing residential development north of the Buford Road/West Providence
Road intersection as suggested by the Plan.
Zoning History:
On March 28, 1990, the Board of Supervisors, upon a favorable recommendation by the
Commission, approved an amendment to Conditional Use Planned Development (Case
83S115) in an Office Business (0) District (Case 88SN0257). This case, in part, permitted a
mix of office and commercial uses, but limited any uses located within 200 feet of the
northern boundary to those uses permitted in the Office Business (0) District. Unlike the
Neighborhood Office (0-1) and Corporate Office (0-2) District designations of the current
Ordinance, the Office Business (0) District did not permit child care centers.
Site Design:
Currently, the request property lies within a Post Development Area. Unless regulated by
conditions of Case 88SN0257, new construction must conform to the requirements of the
Zoning Ordinance which address access, parking, landscaping, architectural treatment,
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OSSN026S-AUG24-BOS
pedestrian access, setbacks, signs, buffers, utilities and the screening of dumpsters and
loading areas.
Uses:
Case 88SN0257 limited uses within 200 feet of the northern property line to those permitted
in the Office Business (0) District. South of the 200 feet, a mix of office and commercial
uses were permitted, as identified in Condition 4 of Case 88SN0257. This condition was
negotiated with area property owners to provide transition from this project to the
residentially-zoned properties to the north. The Office Business (0) District did not permit
child care centers.
Currently, a child care center, located adjacent to and southwest of the subject property (Tax
ID 759-707-3000), proposes an expansion onto the subject property and within 200 feet of
the northern property limits, necessitating an amendment to Case 88SN0257.
Buffers and Screening:
Adjacent properties to the north are zoned Residential (R-15) and are occupied by single
family residences. The conditions of zoning require the provision of a thirty (30) foot buffer
along the northern property boundary of the request site.
In response to the adjacent Twinridge Office Condominium Association, the applicant has
proffered to screen the view of any children's play areas from the office development and to
minimize the noise impact of these play areas upon these offices. (Proffered Condition 2)
CONCLUSION
The condition restricting the location of child care centers was negotiated between the applicant of
Case 88SN0257 and area property owners. After consideration of public input, should the
Commission and Board wish to approve this amendment, the acceptance of the proffered conditions
would be appropriate.
CASE HISTORY
Planning Commission Meeting (7/19/05):
The applicant accepted staff s recommendation. There was one (1) person present who
expressed concerns relative to runoff affecting the downstream ponds and maintenance of
the existing on-site BMP. It was indicated these issues would be addressed at the time of
site plan review.
On motion of Mr. Gecker, seconded by Mr. Wilson, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
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OSSN026S-AUG24-BOS
A YES: Unanimous.
The Board of Supervisors, on Wednesday, August 24,2005, beginning at 7:00 p.m., will take under
consideration this request.
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OSSN026S-AUG24-BOS
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