06SN0243
~1ay 16, 2006 CPC
June 28, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SR0243
Sherbourne United Methodist Church
Bermuda Magisterial District
2619 Sherbourne Road
REQUEST: Renewal of Conditional Use (Case 03SN0330) to permit a medical clinic in a
Residential (R - 7) District.
PROPOSED LAND USE:
Continued operation of a medical clinic within a church structure is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the use does not conform to the Jefferson Davis Corridor Plan which suggests
the property is appropriate for residential use of2.51 to 4.0 units per acre, the use has
operated for several years with no apparent adverse impact on the area.
B. The recommended conditions further address any possible impacts the use may have
on the area.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF"
Providing a FIRST CHOICE community through excellence in public service
ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/epe)
(ST AFF /CPC)
(STAFF/CPC)
Location:
1.
Any medical clinic shall only be permitted so long as a church
operates on the property. (P)
2.
The use shall be open to the public a maximum of three (3) days per
week, from 9:00 AM to 4:00 PM. There shall be no Saturday or
Sunday operations. (P)
3.
Any controlled substances such as prescrIptIons, needles and
narcotics shall be placed in a secured cabinet when the medical clinic
is not open to the public. (P)
4.
Signs shall be posted on the property prohibiting loitering. (P)
5.
Any medical clinic shall be located within the basement of the church
structure. (P)
6.
Persons using the clinic shall enter and exit the facility on the east
side of the building. (P)
7.
Any solid waste storage area shall be located a minimum of 100 feet
from adjacent residentially zoned properties and shall be screened by
a solid wall or fence. (P)
GENERAL INFORMATION
South line of Sherbourne Road and better known as 2619 Sherbourne Road. Tax ID 790-
683-4329 (Sheet 12).
Existing Zoning:
R-7 with Conditional Use
Size:
1.0 acre
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06SR0243-]UNE28- BOS
Existing Land Use:
Church and medical clinic
Adjacent Zoning and Land Use:
North - R-7 and C-3; Single family residential or vacant
South - R-7; Vacant
East - C-3 and C-5; Commercial or vacant
West - R-7; Single family residential
UTILITIES
Public Water System:
There is an eight (8) inch water line extending along the south side of Sherbourne Road,
adjacent to this site. The existing church facility is connected to the public water system.
Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along a portion of
Sherbourne Road, adjacent to this site. The existing church facility is connected to the public
wastewater system. Use of public water is required by County Code.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Bensley Fire/Rescue Station, Company Number 3, currently provides fire protection and
emergency medical service (EMS). This request will have minimal impact on fire and EMS
servIce.
Transportation:
The property (1.0 acre) is zoned Residential (R-7) and a church (Sherbourne Methodist
Church) with a medical clinic has been developed on the property. The applicant is
requesting renewal of a Conditional Use to permit continued operation of a medical clinic in
the basement of the existing church. Traffic generated by this use will be distributed, via
Sherbourne Road, to Jefferson Davis Highway (Route 1/301), which had a 2003 traffic count
of26,422 average daily trips.
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06SR0243-]UNE28-BOS
Parts of Sherbourne Road in the vicinity of the property and Route 1/301 are within the
Jefferson Davis Highway Enterprise Zone. Based on the Board of Supervisors' policy
regarding development within the Enterprise Zone, road improvements will not be required
by the County.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the property
is appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
Area Development Trends:
Adjacent properties to the east and a portion of adjacent properties to the north are zoned for
commercial uses and have been developed for such uses or remain vacant. Remaining
adjacent property to the north, as well as adjacent property to the south and west is zoned and
developed for residential uses or is vacant. It is anticipated that area properties will
eventually be developed for community commercial uses east of the subject property, along
the Jefferson Davis Highway frontage. The Plan anticipates remaining area properties to
continue to develop for residential uses.
Zonin{! History and Use:
A church is located on the property. Within the basement of the church, a medical clinic
providing medical services to the needy has operated with an approved Conditional Use
permit since April 28, 2004. Conditions 1 through 7 are intended to minimize the impact the
medical clinic may have on area residential development. With the exception of a time period
for the Conditional Use, these are the same conditions that were imposed on the original
permit. These conditions allow the use so long as a church operates on the site and only
within the basement of the church. The conditions do not allow a freestanding medical clinic
on the property. In addition, the conditions address days and hours the use may be open to
the public; storage of controlled substances; location and screening of solid waste storage
areas; loitering; and patron access for the medical clinic. Staff has not recommended a time
period on the pending Conditional Use since it appears that the use has operated with no
apparent adverse impact on the area.
CONCLUSIONS
While the use does not conform to the Jefferson Davis Corridor Plan which suggests the property is
appropriate for residential use of2.51 to 4.0 units per acre, the location within a church structure and
on the fringe of the suggested residential area with the recommended conditions minimizes the
impact on area residential development. In addition, the use has operated under an approved
Conditional Use since April 28, 2004 with no apparent adverse impact on the area.
4
06SR0243-]UNE28-BOS
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (5/16/06):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Wilson, seconded by Mr. Gecker, the Commission recommended approval
subject to the conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, June 28, 2006, beginning at 7:00 p.m., will take under
consideration this request.
5
06SR0243-]UNE28- BOS
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