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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 2 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. 3 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, 4 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. 5 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. 6 OSSN026S-AUG24-BOS I Q:: , , , , , , , , , # # # --- # - -- --- .- # # # # ~ iO .,..... I Q:: .- - - - ci n: . ::') cj Il)C cøZ NW ~~ ~~ O~ CIJ . ... Q) Q) L1.. C W c::: W LL LL ~ 0. 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