98SN0155.pdfREQUEST ANALYSIS
AND
RECOMMENDATION
January 28, 1998 BS
98SN0155
Balanced Care Corporation
Midlothian Magisterial District
Northern terminus of Twim'idge Lane
Rezoning from Residential Townhouse (R-TH) to Community Business (C-3) with
Conditional Use to permit townhouse use. Townhouse use is permitted as a
restricted use in a C-3 District. If the restrictions cannot be met, the use may be
allowed by Conditional Use. The applicant would like to retain the right to develop
the entire property for townhouse use. The restrictions in the C-3 District include
a limitation that the use be limited to a maximum of thirty (30) percent of the gross
acreage of the project.
PROPOSED LAND USE:
The applicant has agreed to limit development to a convalescent, nursing or rest
home uses, nursery schools, child or adult day care facilities, pharmacies, and
medical clinics or residential townhouses.
pLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The proposed zoning and land uses, coupled with the proffered conditions,
conform with the Northern Area I~nd USe and Tran~ortation Plan which suggests
the property is appropriate for residential use of 4.01 to 7.0 units per acre. In
addition, the proposed Midlothian Area Land Use Plan suggests the property is
appropriate for residential use of 7.01 to 14 units per acre.
Bo
(NOTES:
The proposed zoning and land uses are compatible with, and representative of,
existing and anticipated area development.
The requirements of the Development Standards Manual and proffered conditions
will further insure land use compatibility with area development.
CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY
PROFFER COND~IONS ON THAT POR~ON OF THE REQUEST
RELATED TO THE CONDITIONAL USE ~OWNHOUSE USE).
Bo
THE ONLY CONDITION THAT MAY BE IMPOSED ON THE
COMMUNITY BUSINESS (C-3) ZONING IS A BUFFER CONDITION.
THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS.
THE CONDITIOlqS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS
WITH ONLY A "STAFF" ARE ~COMMENDED SO!.F. LY BY STAFF.
CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL
CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED COND~IONS
(STAFF/CPC)
1. Public water and wastewater systems shall be used.
(STAFF/CPC)
Except for the 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 have been installed.
(STAFF/CPC)
o
The total number of residential units on the Property shall not
exceed 104 units. NOTE: The present zoning is R-TH which
allows up to 104 townhouse units.
(STAFF/CPC)
4. The uses permitted on the Property shall be either:
A. Any of the following:
Convalescent homes, nursing homes and rest homes.
Nursery schools and child or adult care centers.
Medical clinics, provided that a substantial or
significant portion of its practice is not performing
abortions and provided that such use shall not be
2
98SN0155/WP/JAN280
iv.
permitted until a certificate of occupancy has been
issued for A.i. above.
Medical offices, provided that a substantial or
significant portion of its practice is not performing
abortions and provided that such use shall not be
permitted until a certificate of occupancy has been
issued for A.i. above.
or
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
10.
B. Townhouses.
There shall be no access to Winterslow Road.
Should a reduction be requested to the required seventy-five (75)
foot buffer adjacent to residential zoning to the west no more than
a 45' reduction in the buffer shall be requested.
Unless required by the Utilities or Fire Department, the public
water and wastewater systems shall not be extended from
Winterslow Road.
Site plans shall be submitted to the Pla~ning Commission for review
and approval.
Drainage improvements shall be designed and constructed to
mitigate potential for erosion and downstream flooding. The exact
design and treatment of the improvements shall be reviewed and
approved at the time of site plan review.
The architecture of the use listed in 4.A.i. above shall be compatible
in material, style and colOr as generally shown on the architectural
elevations attached as F, lhihiL~. At the time of Site Plan review,
the Planning Commission may approve modifications requested by
the developer if such modifications are deemed to comply with the
spirit and intent of the proposed elevations. Any medical clinic or
office built on the Property shall be compatible in material, style,
and color with the approved elevations for the convalescent homes,
nursing homes, and rest homes.
3 98SN0155/WP/JAN280
GENERAL INFORMATION
Northern terminus of Twinridge Lane. GPIN 758-707-5623 and 5783 (Sheet 8).
Existing Zoning:
R-TH
13.0 acres
Existing Land Use:
Vacant
Adjacent Zoning & Land Use:
North - 0-2 with Conditional Use Planned Development and R-15; Vacant
South - R-15 with Conditional Use Planned Development; Commercial (nursing home)
and multi,family residential
East - R-15; Single family residential, commercial or vacant
West - R-15; Single family residehtial or vacant
Public water System:
There is an existing eight (8) inch water line along Mayflower Drive, adjacent to the
request site. In addition, there is an existing eight (8)inch water line in Twinridge Lane,
adjacent to the site. Use of the public water system is intended and has been proffered
0~offered Condition 1). To address citizen concerns, the applicant has offered that there
will be no utility, service provided from Winterslow Road unless required by the Utilities
Department. (Ih:offered Condition 7)
Public Wastewater System:
There is an existing thirty-six (36) inch wastewater trunk line extending along the north
side of Mayflower Drive and adjacent to the request site. In addition, there is an existing
eight (8) inch wastewater collector in an easement approximately 200 feet southwest of the
request site. Use of the public wastewater system is intended and has been proffered
4
98SN0155/WP/JAN280
(Proffered Condition 1). To address citizen concerns, the applicant has offered that there
will be no utility service provided from Winterslow Road, unless required bY the Utilities
Department. (~offered Condition 7)
ENVIRONMENTAL
Drainage and Erosion:
The request site drains in two (2) directions. An adequate natural watercourse does not
exist to accommodate runoff from development of this property. Part of the site drains to
the north under Mayflower Drive to the floodplain of Powhite Creek. Mayflower Drive
and properties along Mayflower Drive experience flooding problems. Another portion of
the property drain.q to the west through Bon Air Hills Subdivision. Bon Air Hills
'Subdivision was constructed approximately thirty (30) years ago at a time when approval
of road and drainage plans was not required by the County. There are no recorded
drainage easements in Bon Air Hills Subdivision between Fairwood Drive and the request
property. Because information is unavailable at this time, it is not known whether the
culverts under Fairwood Drive are adequate to accommodate additional runoff if easements
could be obtained to Fairwood Drive.
Currently, neither the subject property nor adjacent properties through which this property
drains are experiencing any erosion problems. However, soils below the 300 foot contour
are highly erodible when disturbed or when runoff is charmel~ed.
Off-site easements and improvements will be required to accommodate runoff from
development of the request property. If runoff is not properly channelized, downstream
flooding could increase. Also, if drainage channels are not constructed with rigid linings,
severe erosion will occur. Staff has discussed these concerns with the applicant. The
applicant has agreed to bring the site plan to the Planning Commission for review and
approval (Proffered Condition 8) and that drainage improvements would be designed and
constructed to mitigate potential for erosion and downstream flooding (~offered Condition
9). At time of site plan review, staff will suggest that conditions be imposed to prohibit
impervious surfaces from draining westward ~eSs a rigid ouffall device is installed and
require that drainage to the north be conveyed via rigid devices to Mayflower Drive.
The applicant has proffered that, with the exception of timbering which has been approved
by the Department of Forestry to remove dead Or diseased trees, there will be no timbering
until a land disturbance permit has been obtained from the EnviroNmental Engineering
Department (Proffered Condition 2). This will insure that proper erosion control measures
are in place prior to any timbering and related land disturbance.
5 98SN0155/WP/JAN280
pUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
~, the Thoroughfare Plan and the FY1997-2001 Capital Improvement Program.
Since this proposal will not increase the number of dwelling units permitted on the property, there
will be no additional impact on public facilities.
The Public Facilities Plan indicates that Emergency Services calls are expected to increase
forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are
recommended for construction by the year 2015 in the Public Facilities Plan.
This property is currently served by the Buford Road Fire/Rescue Station, Company
Number 9 and Forest View Rescu~ Squad. When the property is developed, the number
of hydrants and quantity of water needed for fire prOtection will be evaluated during the
plans review process. If 104 dwelling units are constructed, two (2) means of
ingress/egress should be provided to accommodate emergency access should the main
entrance become blocked.
Transportation:
Existing zoning would permit development of 104 townhouse units on the property. Based
on townhouse trip rates, townhouse development Could generate approximately 670
average daily trips. In addition to the townhouse use, this request would permit
development of convalescent homes, nursing homes, rest homes, day care centers,
pharmacies and medical clinics on the property. Based on nursing home trip rates,
development of the entire property could generate approximately 260 average daily trips.
These vehicles will be distributed via Twinridge Lane and North Providence Road to
Midlothian Turnpike (Route 60) and Buford Road which had 1995 traffic counts of 53,327
and 8,467 vehicles per day, respectively.
Development must adhere to the Development Standards Manual in the Zoning Ordinance
relative to access and internal circulation (Division 5). To address citizen concerns, the
applicant has agreed that there will be no access to Winterslow Road (Proffered Condition
5). At time of site plan review, specific recommendation would be provided regarding
access and internal circulation.
98SN0155/WP/JAN280
~omprehensive Plan:
Lies within the boundaries of the Northern Area Land Use and Transportation Plan which
suggests the property is appropriate for residential use of 4.01 to 7.0 units per acre. The
request property is also located within the boundaries of the proposed F_,astern Midlothian
Area Land Use Plan. A draft of this Plan suggests the property is appropriate for
residential use of 7.01 to 14 dwelling units per acre.
Area Development Trends:
Property to the north is zoned for residential or office use and is currently vacant. Due to
the floodplain, it is unlikely that the office property will be developed. Single family
residential zoning exists on a portion of the adjacent property to the east, south and west.
Property to the south is occupied by a retirement home. The residentially zoned property
to the east is occupied by single family residences or is vacant. The remaining property
to the east is zoned and developed for office use. Property to the west has been developed
as Bon Air Hills and Bon Air Vista Subdivisions.
On March 26,. 1980, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning to Residential Townhouse (R-TH) on the request
property (Case 80S021). Case 80S021 was approved subject to a condition requiring a
buffer along the western property boundary and proffered conditions addressing drainage
issues.
Proffered Condition 4 addresses the circumstances under which medical clinics and
medical offices would be permitted. Specifically' medical clinics or offices would not be
permitted until a certificate of occupancy has been issued for nursing home, rest home or
convalescent home use.
Non-Residential
The request property lies within a Post Development Area. Redevelopment of the site or
new construction must conform to the requirements of the Development Standards Manual
which address access, parking, landscaping, architectural treatment, setbacks, signs,
buffers, utilities and screening of dumpsters and loading areas.
· 7 98SN0155/WP/JAN280
Any townhouse use must conform to the Development Standards Manual requirements for
R-TH Districts. The applicant has proffered to limit residential townhouse development
to a maximum of 104 units. (Proffered Condition 3)
Architectural Treatment:
Non-Residential
Within Post Development Areas, no building exterior which would be visible to public
rights of way can be constructed of unadorned concrete, block or corrugated and/or sheet
metal. Mechanical equipment, whether ground-level or rooftop, must be shielded and
screened from public rights of way. Redevelopment of the site or new construction for
non-residential use must adhere to Post Development requirements. In addition, Proffered
Condition 10 and Exhibit A, as attached, address as architectural style of non-residential
uses. Acceptance of this proffer would require the architecture of any nursing home, rest
home or convalescent home use to be as generally shown on the architectural elevations
on Exhibit A and that any medical facility (office or clinic) be compatible in material, style
and color with the elevations of the convalescent homes, nursing homes and rest homes.
Proffered Condition 10 also allows the Planning Commission to approve modifications to
architectural style at the time of Site Plan review provided the modifications comply with
the spirit and intent of Exhibit A.
The Zoning Ordinance requires that architectural plans for townhouses be submitted to the
Planning Department for review and approval in conjunction with tentative subdivision
plan submission. The Ordinance also requires that the front yard setback of each
townhouse unit be varied from the adjacent unit.
Buffers & Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage
cans, trash compactors, etc.) be screened from view of adjacent property and public rights
of way by a solid fence, wall, dense evergreen plantings or architectural feature, (be
separated from any residentially zoned property or any property being used for residential
purposes by the principal building, and that'such area within 1,000 feet of any residentially
zoned property or property used for residential purposes not be serviced between the
hours of 9:00 p.m. and 6:00 a.m. In addition, sites must be designed and buildings
oriented so that loading areas are screened from any property where loading areas are
prohibited and from public rights of way.
98SN0155/WP/JAN280
Adjacent property to the north, east and west is zoned Residential (R-15) and is occupied
by single family residences or is vacant. The Zoning Ordinance requires a minimum
seventy-five (75) foot buffer along the north, east and west property boundaries of the
request site where adjacent to residentially zoned property. At the time of site plan review,
the Planning Commission may modify this buffer under certain circumstances. In addition,
at such time that adjacent residential property is zoned or utilized for a non-residential use,
the buffer can be further reduced or eliminated. The applicant has agreed not to seek
reduction of the buffer adjacent to the western property boundary to less than thirty (30)
feet. (Proffered Condition 6)
CONCLUSIONS
The proposed zoning and land uses conform with the Northern Area 1 _~nd Use and Transportation
Plan which suggests the property is appropriate for residential use of 4.01 to 7.0 units per acre and
to the proposed Eastern Midlothian Area I_and Use Plan which suggests the property is appropriate
for residential use of 7.01 to 14 units per acre. In addition, the proposed zoning and land uses are
compatible with, and representative of, existing and anticipated area development. The
requirements of the Development Standards Manual and proffered conditions will further insure
land use compatibility with anticipated .area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (12/16/97):
On their own motion, the Commission deferred this case to January 20, 1998.
Staff (12/17/97): '
The applicant was advised in writing that any significant new or revised information should
be submitted no later than December 29, 1997, for consideration at the Commission's
January 20, 1998, public hearing.
Applicant (12/19/97):
The applicant submitted revised Proffered Condition 4, as discussed herein.
9 98SN0155/WP/JAN280
Applicant (1120/98):
Modifications of Proffered Condition 4 and Proffered Condition 10 were submitted as
discussed herein.
Planning Commission Meeting (1/20/98):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Shewmake, seconded by Mr. Marsh, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, January 28, 1998, beginning at 7:00 p.m., will take
under consideration this request.
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98SN0155/WP/JAN280
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98SN0155
In Midlothian Magisterial District, BALANCED CARE
CORPOP~ATION requested rezoning and amendment of zoning
district map from Residential Townhouse (R-TH) to Community
~/28/98
98-54
Business (C-3) with Conditional Use to permit townhouses.
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of
4.01 to 7.0 units per acre. This request lies on 13.0 acres
lying at the northern terminus of Twinridge Lane. GPIN 758-
707-5623 and 5783 (Sheet 8).
Mr. Jacobson presented a summary of Case 98SN0155 and stated
that staff and the Planning Commission recommend approval
and acceptance of the proffered conditions. He noted that
the request conforms to the Northern Area Land Use and
Transportation Plan.
Ms. Ashley Harwell, representing the applicant, stated the
recommendation is acceptable. There was no opposition
present.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the
Board approved Case 98SN0151 and accepted the following
proffered conditions:
1. Public water and wastewater systems shall be used.
Except for the 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 have been installed.
The total number of residential units on the Property
shall not exceed 104 units. NOTE: The present zoning
is R-TH which allows up to 104 townhouse units.
4. The uses permitted on the Property shall be either:
A. Any of the following:
i. Convalescent homes, nursing homes and rest
homes.
ii. Nursery schools and child or adult care
centers.
iii .
iv.
Medical clinics, provided that a
substantial or significant portion of
its practice is not performing abortions
and provided that such use shall not be
permitted until a certificate of
occupancy has been issued for A.i.
above.
Medical offices, provided that a substantial
or significant portion of its practice is not
performing abortions and provided that such
use shall not be permitted until a
certificate of occupancy has been issued for
A.i. above.
1/~8/98
98-55
10.
Ayes:
Nays:
or
B. Townhouses.
There shall be no access to Winterslow Road.
Should a reduction be requested to the required
seventy-five (75) foot buffer adjacent to residential
zoning to the west no more than a 45' reduction in the
buffer shall be requested.
Unless required by the Utilities or Fire Department,
the public water and wastewater systems shall not be
extended from Winterslow Road.
Site plans shall be submitted to the
Commission for review and approval.
Planning
Drainage improvements shall be designed and constructed
to mitigate potential for erosion and downstream
flooding. The exact design and treatment of the
improvements shall be reviewed and approved at the time
of site plan review.
The architecture of the use listed in 4.A.i. above
shall be compatible in material, style and color as
generally shown on the architectural elevations
attached as Exhibit A. At the time of Site Plan
review, the Planning Commission may approve
modifications requested by the developer if such
modifications are deemed to comply with the spirit and
intent of the proposed elevations. Any medical clinic
or office built on the Property shall be compatible in
material, style, and color with the approved elevations
for the convalescent homes, nursing homes, and rest
homes.
Humphrey, Warren, Barber, Daniel, and McHale.
None.
~/~8/98
98-56