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05SN0325-Oct26.pdf September 20, 2005 CPC October 26, 2005 BOS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 05SN0325 New Hope Lutheran Church Matoaca Magisterial District South line of Hull Street Road REQUEST: Conditional Use to permit a private school and child care center in an Agricultural (A) District. PROPOSED LAND USE: A private school and child care facility are planned. The applicant proposes to operate these uses in conjunction with a church use; however, with approval of this request these uses would be allowed independent of church use on the property. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for mixed use corridor use. B. The proposed uses are compatible with anticipated area development. (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 Providing a FIRST CHOICE community through excellence in public service "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITION (STAFF/CPC) PROFFERED CONDITIONS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) __ _··.·u .___._~__~ In addition to uses permitted in an Agricultural (A) District, private school and child care center uses shall be permitted. (P) 1. Public water and wastewater shall be used. (U) Prior to the issuance of the building permit for this site, the developer shall make payment to Chesterfield County in the amount of $200.00 per acre (not to exceed $2,360.00 based upon the total acreage in the property) as a contribution towards the expansion of the Dry Creek Wastewater Pump Station. (U) Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) Direct access from the property to Route 360 shall be limited to one (1) entrance/exit. At time of site plan review, the Transportation Department may modify this condition to permit one (1) additional entrance/exit to Route 360, provided that, but not limited to, an access easement(s), acceptable to the Transportation Department, is recorded from Route 360 across the property to provide shared use of these accesses with adjacent properties. The exact location of these accesses shall be approved by the Transportation Department.(T) Prior to site plan approval one hundred (100) feet of right-of-way along the south side of Route 360, measured from the centerline of that part of the roadway immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 2. 3. 4. 5. 6. To provide an adequate roadway system, the developer shall be responsible for the following improvements: A. Construction of an additional lane pavement along the eastbound lanes of Route 360 for the entire property frontage. 2 05SN0325-0CT26-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) B. Construction of additional pavement along the eastbound lanes of Route 360 at each approved access to provide a right turn lane, if warranted, based on Transportation Department standards. C. Construction of addition pavement along the westbound lanes of Route 360 at the crossover that aligns Cosby Road to provide an adequate left turn lane. The exact length of this improvement shall be approved by the Transportation Department. D. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any "off- site" right-of-way that is necessary for any improvement described in Proffered Condition 6, the developer may request, in costs associated with the acquisition ofthe right- of-way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of the "off-site" right-of-way, the developer shall be relieved of the obligation to acquire the "off-site" right-of-way and shall provide the road improvements within available right- of-way, as determined by the Transportation Department. (T) 7. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6 shall be submitted to and approved by the Transportation Department. (T) Except where the requirements of the underlying Agricultural District are more restrictive, any new development for school and child care uses shall conform to the requirements of the Zoning Ordinance for Corporate Office (0-2) uses in Emerging Growth Areas. (P) 8. 9. With the exception of playground areas which accommodate swings, jungle gyms, or similar such facilities, all active playfields, courts or similar active recreational facilities which would accommodate organized sports such as football, soccer, basketball, etc., shall be located a minimum of 100 feet from any adjacent properties zoned for residential purposes or zoned agricultural and shown on the plan as single family residential uses. Within this setback, landscaping shall be provided in accordance with Section 19-522(a)(4) of the Development Standards Manual. Any playground areas shall be located a minimum of forty (40) feet from all properties zoned for residential purposes or zoned 3 05SN0325-0CT26-BOS agricultural and shown on the plan as single family residential uses. (P) GENERAL INFORMATION Location: South line of Hull Street Road, east of Cosby Road. Tax IDs 718-670-5193 and 6470; and 718-671-5003 (Sheet 15). Existing Zoning: A Size: 11. 8 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North - C-3 and C-5; Commercial or vacant South - A and C-2; Single-family residential or vacant East and West - A; Single-family residential or vacant UTILITIES Public Water System: The public water system is available to serve this site. There is a twenty-four (24) inch water line extending along Hull Street Road adjacent to the site. Use of the public water system is intended and has been proffered. (Proffered Condition 1) Public Wastewater System: The request site is within the Dry Creek Drainage Basin. There is a twenty-four (24) inch wastewater trunk line extending along Dry Creek adjacent to the site. Use of the public wastewater system is intended and has been proffered (Proffered Condition 1). In addition, the applicant has proffered to pay the County $200.00 per acre (based on total acreage of the request site, not to exceed $2,360.00) as a contribution towards expansion of the Dry Creek Wastewater Pump Station. (Proffered Condition 2) 4 05SN0325-0CT26-BOS ENVIRONMENTAL Drainage and Erosion: The property drains into Dry Creek and then approximately 1,000 feet to Swift Creek Reservoir. Dry Creek is a perennial stream and therefore subject to a 100-foot conservation area, inside of which uses are limited. The property is wooded and should not be timbered without first obtaining a land- disturbance permit from the Environmental Engineering Department (Proffered Condition 3). This will insure that adequate erosion control measures are in place prior to any land disturbance. There are no existing or anticipated on- or off-site drainage or erosion problems. PUBLIC FACILITIES Fire Service: The Clover Hill Fire Station, Company Number 7, currently provides fire protection and emergency medical service (EMS). This request will have minimal impact fire and EMS. Transportation: The property (11.8 acres) is currently zoned Agricultural (A), and the applicant intends to develop a church on the property. The applicant is requesting a Conditional Use to permit the operation of a private school and day care on the property. The request will not limit the number of students enrolled at these facilities; therefore, it is difficult to anticipate traffic generation. Vehicles generated by the facilities will be distributed along Hull Street Road (Route 360), which had a 2003 traffic count of 22,353 vehicles per day. The four-lane section of Route 360 between Skinquarter Road and Woodlake Parkway is acceptable (Level of Service A), based on the current volume of traffic during peak hours. The volume of traffic on Route 360 from Woodlake Parkway to Route 288 exceeds the capacity of the road, and drivers experience extreme congestion, especially during peak periods. A project to widen Route 360 to six (6) and eight (8) lanes from Swift Creek to Winterpock Road will be funded with state funds and county bond proceeds, and construction is anticipated to begin in the summer of 2006. The Thoroughfare Plan identifies Route 360 as a major arterial with a recommended right of way width of 120 to 200 feet. The applicant has proffered to dedicate one hundred (100) feet of right of way measured from the centerline of Route 360, in accordance with the Plan. (Proffered Condition 5) The applicant has proffered that development will adhere to the Development Standards Manual in the Zoning Ordinance relative to access and internal circulation (Proffered 5 05SN0325-0CT26-BOS Condition 8). Access to major arterials, such as Route 360, should be controlled. The applicant has proffered that direct access will be limited to one (1) entrance/exit (Proffered Condition 4). According to Proffered Condition 4, the Transportation Department may modify this condition to permit one (1) additional entrance/exit to Route 360, provided an access easement(s) is recorded from Route 360 across the property to provide shared use of these accesses with adjacent properties. The traffic impact of this development must be addressed. The applicant has proffered to: 1) construct an additional lane of pavement along the eastbound lanes of Route 360 for the entire property frontage; 2) construct additional pavement along the eastbound lanes of Route 360 at each approved access to provide a separate right turn lane, based on Transportation Department standards; and 3) construct additional pavement along the westbound lanes of Route 360 at the crossover that serves Cosby Road to provide an adequate left turn lane. (Proffered Condition 6) It is not anticipated that the developer will need to acquire "off-site" right-of-way for the proffered road improvements. However, according to Proffered Condition 6, if the developer needs off-site right-of-way and is unable to acquire it, the developer may request the county to acquire the right-of-way as a public road improvement. All costs associated with the acquisition will be borne by the developer. If the county chooses not to assist with the right-of-way acquisition, the developer will not be obligated to acquire the off-site right-of-way, and will only be obligated to construct road improvements within available right-of-way. (Proffered Condition 6) At time of site plan review, specific recommendations will be provided regarding access and internal site circulation. LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for mixed use corridor use. The Plan is currently being revised. The draft Plan, as recommended by the Planning Department, suggests office/residential mixed use as appropriate for the subject property. Area Development Trends: The area is characterized by agricultural and commercial zoning and has been developed for single-family residential and commercial uses or remains vacant. The existing and proposed Plan anticipates a mix of uses, to include residential of various densities, professional, business and administrative office parks and integrated supporting uses, to continue along this portion of the Hull Street Road corridor. 6 05SN0325-0CT26-BOS Development Standards: The request property is currently vacant. The applicant intends to develop a church on the property and private school and day care use. The proffered conditions would require development for school and/or day care use to conform to the development standards of the Zoning Ordinance for commercial uses in Emerging Growth Areas (Proffered Condition 8). Emerging Growth Standards address architectural treatment, access, parking, landscaping, buffers, setbacks, signs, utilities and screening of dumpsters and loading areas. Buffers: As noted herein, some adjacent properties are occupied by single family residences or remain vacant and are shown on the Plan as appropriate for single-family residential use. Any proposed outdoor recreational facilities and playgrounds associated with the private school should be set back from these adjacent properties. (Proffered Condition 9) CONCLUSION The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for mixed use corridor use. In addition, the proposed uses are compatible with anticipated area development. The proffered conditions further ensure land use compatibility. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (9120/05): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Bass, seconded by Mr. Wilson, the Commission recommended approval subject to the condition and acceptance of the proffered conditions on pages 2 through 4. AYES: Unanimous. The Board of Supervisors, on Wednesday, October 26, 2005, beginning at 7:00 p.m., will take under consideration this request. 7 05SN0325-0CT26-BOS ('t) I (.) l ~ 3Ð\o111A 3) y¡oOOM ~~ "C'\I I (.) ~ " q:: ~ u.. o o <0 « " o q: II) N CW) . 0::) Zej mil) ~...... 0::::::::::::.