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07SN0202 January 16,2007 CPC February 20, 2007 CPC March 14,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0202 Good News Free Will Baptist Church Clover Hill Magisterial District 5200 Courthouse Road REQUEST: Conditional Use to permit a private school and child care center use In an Agricultural (A) District. PROPOSED LAND USE: A private school and child care center, to be operated in conjunction with an existing church use, is planned. (Proffered Condition 3) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reason: The proposed private school and child care center uses would have no greater impact upon existing and anticipated area residential development than does the permitted church or public school uses. (NOTE: CONDITIONS MAY BE 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.) CONDITIONS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) PROFFERED CONDITIONS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 1. Except where the requirements of the underlying Agricultural (A) zoning are more restrictive, any new development for school and child care center use shall conform to the requirements of the Zoning Ordinance for commercial uses in Emerging Growth Areas, excluding buffer requirements. (P) 2. There shall be no active playfields, courts or similar active recreational facilities which could accommodate organized sports such as football, soccer, bask:etball, etc. (P) 3. Except as specified in Proffered Condition 2, any playground areas shall be located a minimum of forty (40) feet from all property lines. Within this setback:, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522 (a)(l) of the Zoning Ordinance. (P) 4. There shall be no direct vehicular access from the property to Genlou Road. (P) 1. Prior to operation of the private school or child care center uses, a minimum six (6) foot high solid board fence shall be installed along the southern property line adjacent to property identified as Tax IDs 748-678-7484 and 749-679-0100, beginning at a point approximately 500 feet west of Courthouse Road and ending at a point approximately 400 feet westward of the beginning point. Prior to the installation of the fence a plan depicting the exact location and design of the fence shall be submitted to the Planning Department for review and approval. (P) 2. All driveways, park:ing areas and playgrounds shall be located a minimum of Seventy-five (75) feet from the western property line unless the fence described in Proffered Condition 1 is extended westward an equal distance to the improvements described above. (P) 3. Any childcare or private school uses shall be conducted only in association with a church use on the property. (T) 2 07SN 0202- MAR 14- BOS (STAFF/CPC) 4. Direct vehicular access from the property to Courthouse Road shall be limited to the one (1) existing driveway located approximately 200 feet north of Qualla Road. This driveway shall be limited to exiting traffic only. The developer shall install signage, approved by Transportation Department, to discourage vehicles from using this driveway as an entrance. (T) (STAFF/CPC) 5. Prior to a cumulative enrollment of more than forty (40) students in the private school and day care, additional pavement shall be constructed along Courthouse Road to provide a southbound right turn lane at the existing access to the north that serves the property. (T) GENERAL INFORMATION Location: West line of Courthouse Road, north of Qualla Road and better lmown as 5200 Courthouse Road. Tax ID 748-679-9519 (sheet 16). Existing Zoning: A Size: 4.7 acres Existing Land Use: Public/semi-public (church) Adiacent Zoning and Land Use: North - R-12 and A; Vacant South - A; Single-family residential or vacant East - A; Single-family residential West - R-9; Single-family residential UTILITIES Public Water System: There is an existing twelve (12) inch water line extending along the west side of Courthouse Road within an easement across the request site. In addition, an existing six (6) inch water line extends along Genlou Road, adjacent to the southwestern boundary of this site. The 3 07SN 0202- MAR 14- BOS existing church building is connected to the public water system. Use of public water is required by County Code for any future building constructed on this site. Public Wastewater System: There is an existing eight (8) inch wastewater collector line extending along Genlou Road, adjacent to the southwestern boundary of this site. The existing church building is connected to the public wastewater system. Use of the public wastewater system is required by County Code for any future building constructed on this site. ENVIRONMENT AL This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Company Number 24 and Manchester Volunteer Rescue Squad currently provide fire protection and emergency medical service (EMS). This request will have a minimal impact on fire and EMS. Transportation: The subject property is located on the west side of Courthouse Road just north of the Qualla Road intersection. The applicant is requesting a Conditional Use to permit a private school and day care in an Agricultural (A) district. This request will not limit the number of students in the school and/or day care; therefore, it is difficult to anticipate traffic generation. A private school with 100 students is anticipated to generate approximately 250 average daily trips (ADT). This traffic would be distributed along Courthouse Road, which had a 2006 traffic count of 23,412 vehicles per day between Genito Road and Qualla Road. Based on the volume of traffic it carried during peak: hours, Courthouse Road in this area was functioning at an acceptable level. (Level of Service B) Development must adhere to the Development Standards Manual (Article VII) in the Zoning Ordinance relative to access and internal circulation (Division 1, Subdivision V). The church currently accesses Courthouse Road in two locations. The northern access aligns a crossover to the north on Courthouse Road. The southern access is located in the right turn lane at the intersection of Courthouse Road and Qualla Road. Entrances that are located in right turn lanes result in rear-end accidents at the entrance location. In order to eliminate the potential for these rear-end collisions, the applicant has proffered to limit the southern access to exiting vehicles only. (Proffered Condition 4) 4 07SN 0202- MAR 14- BOS The traffic impact of this development must be addressed. A right turn lane should be constructed at the northern entrance to the property to facilitate turning movements into the site. The applicant has proffered to construct this turn lane when the cumulative enrollment of the private school and day care exceeds forty (40) children. (Proffered Condition 5) LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property IS appropriate for residential use of 1.0 - 2.5 dwelling units per acre. Area Development Trends: The area is characterized by vacant Agricultural (A) and Residential (R-12) property to the north while the agricultural property to the south is occupied by single-family residential uses or remains vacant. Property to the east is occupied by a single-family residence or is vacant and property to the west is occupied by single-family residential uses in the Sunnybrook: subdivision. It is anticipated that any development or redevelopment within this immediate area will be in the form of residential uses, consistent with the recommendations of the Plan. Site Design: The request property has been developed as a church with associated park:ing facilities. The applicant intends to use the existing facilities to accommodate the private school and child care center uses. The recommended conditions would require any new development for school use to conform to the development standards of the Ordinance for office uses in Emerging Growth Areas (Condition 1). Emerging Growth Standards address architectural treatment, access, park:ing, landscaping, setback:s, signs, utilities and screening of dumpsters and loading areas. If approved, any traffic from the requested uses should utilize the existing access to Courthouse Road and not access through Sunnybrook: subdivision to the west. (Condition 4) Buffers and Screening: As noted herein, some adjacent properties are occupied by single-family residences or are shown on the Plan as appropriate for single-family residential use. If approved, any proposed playgrounds associated with the private school and child day care center uses should be set back: from these adjacent properties (Condition 3). In addition, to address concerns expressed by adjacent property owners, the applicant has agreed to provide additional setback:s for playgrounds and park:ing areas from the western property boundary and a fence along a portion of the southern property line (Proffered Conditions 1 and 2). 5 07SN 0202- MAR 14- BOS Due to the proximity of residential development and the narrowness of the property active playfields, courts or similar active recreational facilities should be prohibited. (Condition 2) CONCLUSION The proposed private school and child care center uses would have no greater impact upon existing and anticipated area residential development than does the permitted church or public school uses. Therefore, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (1/16/07): On their own motion, the Commission deferred this case to their February 20, 2007, public hearing. Staff (1/17/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 22, 2007, for consideration at the Commission's February public hearing. Applicant (1/27/07): Additional proffered conditions were submitted. Planning Commission Meeting (2/20/07): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended approval subject to the conditions and acceptance of proffered conditions on pages 2 and 3. AYES: Messrs. Geck:er, Gulley, Bass Litton and Wilson. 6 07SN 0202- MAR 14- BOS The Board of Supervisors, on Wednesday, March 14, 2007, beginning at 6:30 p.m., will tak:e under consideration this request. 7 07SN 0202- MAR 14- BOS This page is blank:.