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08SN0175~~tF~EI,p ~~:, ~ a~~ ~a', ~! ~ ~ ~~ ~ti, I rY~ ry ! ~;'li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08SN0175 Redeemer Lutheran Church Midlothian Magisterial District East line of Old Hundred Road March 12, 2008 BS REQUEST: Conditional Use to permit a child care facility and a private school in an Agricultural (A) District. PROPOSED LAND USE: A child care facility and private school in conjunction with a church use are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. AYES: MESSRS. GULLEY, BASS, BROWN AND HASSEN. ABSENT : MR. WALLER. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The child care and private school uses have no greater impact on existing and anticipated area residential development than does the permitted church or public school uses. B. The conditions address land use compatibility between the proposed uses and area residential development. Providing a FIRST CHOICE community through excellence in public service (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 "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. 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) (STAFF/CPC) 2. Direct vehicular access from the property to Old Hundred Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) (STAFF/CPC) 3. Prior to any site plan approval, or within ninety (90) days of a written request by the Transportation Department, whichever occurs first, forty five (45) feet of right-of-way along the east side of Old Hundred Road, measured from the centerline of that part of Old Hundred Road that is immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) (STAFF/CPC) 4. To provide an adequate roadway system, the developer shall be responsible for the following improvements: A. Construction of additional pavement along Old Hundred Road at the approved entrance/exit to provide a right and left turn lanes, if warranted, based on Transportation Department standards. B. 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 the road improvement described in this Proffered Condition, the developer may request, in writing, that the County acquire such right-of way as a public road improvement. All costs associated with the acquisition of the 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) 2 08SN0175-MAR12-BOS-RPT (STAFF/CPC) 5. 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 (O-2) uses in Emerging Growth Districts. (P) (STAFF/CPC) 6. The following setback criteria shall apply to any outdoor play fields, courts, swimming pools and similar active recreational areas: a). 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, or utilized for, residential purposes or zoned agricultural and shown on the plan as single family residential uses, except where adjacent to similar active recreational uses. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the standards for fifty (50) foot buffers in the Zoning Ordinance. If the facilities are setback more than 100 feet from the adjacent properties, the landscaping or other design features described above maybe modified by the Planning Department at the time of site plan review. Such modification shall accomplish mitigation of the visual and noise impacts that sports or related activities have on adjacent properties equivalent to the 100 foot setback/landscaping requirements described here in. b). Any playground areas (swings, jungle gyms, or similar such facilities) shall be set back a minimum of forty (40) feet from all properties zoned for, or utilized for, residential purposes or zoned agricultural and shown on the plan as single family residential uses, except where adjacent to similar playground areas. c) The landscaping or other design features, including a reduction in the setback distance described in Proffered Condition 6.a.) or b.) may be modified by the Planning Commission at the time of site plan review. Such modification shall accomplish mitigation of the visual and noise impacts that recreational activities have on the adjacent properties equivalent to the setback and landscaping requirements described in Proffered Condition 6.a) and b). (P) GENERAL INFORMATION T ,nratinn East line of Old Hundred Road, south of Brightwalton Road. Tax ID 716-699- Part of 2564. 3 08SN0175-MAR12-BOS-RPT Existing Zoning: A Size: 16.0 acres Existin Land Use: Vacant Adjacent Zoning and Land Use: North, South and East - A; Single family residential or vacant West - R-15; Single family residential T TTTT ,TTTF,~ Public Water S, sue: The public water system is available to serve this site. There is a sixteen (16) inch water line extending along a portion of Old Hundred Road within an easement across the request site. Use of the public water system is required by County Code. Public Wastewater S,, sue: The request site is within the Tomahawk Creek Drainage Basin. There is a thirty-six (36) inch wastewater trunk line extending along Tomahawk Creek that terminates adjacent to the northern boundary of The Sanctuary at Watermill, Section B approximately two (2) miles southeast of the request site. A zoning application is pending for the Roseland Development (Case 07SN0223) on adjacent property to the north. If approved, the public wastewater system will have to be extended along Tomahawk Creek to serve the proposed Roseland Village, East Park, and West Park portions of that development. Should Roseland be approved, the applicant is encouraged to work with the developers to extend the public wastewater system. Private Wastewater S,, s Use of a private system must be approved by the Health Department. 4 08SN0175-MAR12-BOS-RPT ENVIRONMENTAL Drainage and Erosion: The subject property is located in the Upper Swift Creek Reservoir Watershed and drains to the east to Tomahawk Creek and via Tomahawk Creek to Swift Creek Reservoir. There are no existing or anticipated on- or off site drainage or erosion problems. The property is mostly wooded and should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering. (Proffered Condition 1). This will insure that adequate erosion control measures are in place prior to any land disturbance. Water Quality: There is a perennial stream along the southern portion of the property. This stream is subj ect to a 100-foot conservation buffer inside of which uses are very limited. PUBLIC FACILITIES Fire ~ervice~ The Swift Creek Fire Station, Company Numberl6, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on fire and EMS. Transportation: County Transportation The property is located on the east side of Old Hundred Road (Route 652), just south of the main entrance (Brightwalton Road) into the Hallsley Subdivision. The applicant is requesting a Conditional Use to permit a child care facility and private school on sixteen (16) acres in conjunction with a permitted church use within an Agricultural (A) District. This request will not limit the number of students in the day care and/or private school; therefore, it is difficult to anticipate traffic generation. A private school with 100 students and a day care with 100 students are anticipated to generate approximately 700 average daily trips (ADT). This traffic will initially be distributed to Old Hundred Road (Route 652) which had a 2006 traffic count of 2,535 ADT (Level of Service C) between Mount Hermon Road and Otterdale Road. No public road improvements in this part of the county are currently included in the Six-Year Improvement Plan. The Thoroughfare Plan identifies Old Hundred Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered 5 08SN0175-MAR12-BOS-RPT to dedicate forty-eve (45) feet of right of way, measured from the centerline of Old Hundred Road, in accordance with that Plan. (Proffered Condition 3) Access to major arterials, such as Old Hundred Road, should be controlled to minimize conflict points and help maintain acceptable levels of service on area roadways. The applicant has proffered to limit vehicular access to Old Hundred Road to one (1) entrance/exit (Proffered Condition 2). The entrance/exit will be located across from Beedon Drive in the Hallsley Subdivision. The traffic impact of this development must be addressed. The applicant has proffered to construct additional pavement along Old Hundred Road at the approved entrance/exit to provide right and left turn lanes, if warranted, based on Transportation Department standards (Proffered Condition 4). Based on the existing traffic conditions, if the enrollment exceeds sixty (60) students, the turn lanes along Old Hundred Road will be required. VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Study requirements, have recently been enacted. Staff has been meeting with VDOT to attempt to understand the process and the impact of the regulations. At this time, it is uncertain what impact VDOT's regulations will have on the development process or upon zonings approved by the county. The applicant has indicated that this request does not warrant a Chapter 527 Traffic Impact Analysis. Virginia Department of Transportation (VDOT) To date, no comments have been received from VDOT regarding this request. T .ANTI T TCF. Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan Amendment which suggests the property is appropriate for residential use of 2.0 units per acre or less. There are pending amendments to the Upper Swift Creek Plan. First, an amendment regarding levels of service for school and transportation facilities was recommended for approval by the Planning Commission on January 15, 2008. Staff has requested that the Board set a public hearing for this amendment. Secondly, the Board of Supervisors referred additional Plan amendments relative to land use, water quality and levels of service for public safety facilities to the Commission for consideration. The Commission has not yet scheduled a public hearing regarding those proposed amendments. 6 08SN0175-MAR12-BOS-RPT Area Development Trends: Surrounding properties are zoned Residential (R-15) and Agricultural (A) and are occupied by single-family residences on acreage parcels or vacant acreage parcels and lots within the Hallsley Subdivision. Single-family residential development is expected to continue in this area for the foreseeable future, as suggested by the Plan. Development Standards: The request property is currently vacant and is to be developed for a church use. The applicant intends to use the planned church facilities to accommodate the child care and private school uses. The proffered conditions would require any new development for child care or school use to conform to the development standards of the Ordinance for office uses in Emerging Growth Areas except where the underlying zoning requirements are more restrictive (Proffered Condition 5). Emerging Growth Standards address architectural treatment, access, parl~ing, landscaping, setbacks, signs, utilities and screening of dumpsters and loading areas. Buffers and Setbacks: 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. Any proposed outdoor recreational facilities and playgrounds associated with the day care and private school uses should be set back from these adjacent properties. (Proffered Condition 6) CONCLUSION The child care and private school uses have no greater impact on existing and anticipated area residential development than does the permitted church or public school uses. The recommended conditions address land use compatibility issues between the use and area residential development. These conditions are similar to those imposed on similarly situated facilities. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (2/19/08): The applicant accepted the recommendation. There was no opposition was present. There was support present indicating the uses would be compatible with the proposed Roseland Development. On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered conditions on pages 2 and 3. 7 08SN0175-MAR12-BOS-RPT AYES: Messrs. Gulley, Bass, Brown and Hassen ABSENT: Mr. Waller. The Board of Supervisors, on Wednesday, March 12, 2008, beginning at 6:30 p.m., will take under consideration this request. 8 08SN0175-MAR12-BOS-RPT ~, ,~ ~ • ".~ ~ ~ r , ~ r 1 I Q 11 ~ ~ ~ ! 1 ~ ' , . - - , ~ • ~~ •~ ~ ~ ,, _~ ~ 3~b~.2~31~'- ~ • ,. _ ~ _~ - ~' ~~ / ~ / ~ / f ~ ~ ~ E U 1 ~ ~ ~ r ~' ~ ~ ~ } / ~ l 1 f ,~ ~ ,I ........... ~ I ~ ® a ~ ~`I ~ ~ :........... O ~ o ` ~ ':::::::::::' ~ d~ .. ..::::.... O ~ bps I ::::::::::::: ~ ~ / ~ 7 ::::::::::::: ~ °a :::::::::::::: Q ~ ~ :::::::::::: J, N ~ 1 ::::::::::: ~,0 ~ a ^~~ ~ ^~~ 4 os Ocl ~ N 2 0 Y>~ ~ ~ a~ o ~ ~ o o W i `~ / ,\ W _"' ~ ~~ O U ~ ';' ~ N I` o ~ NLEE ~ . ~ \ R PL ~ Z > ~ ~ ~ O ~ ~ ~ ~ 1 O . ~_ l