99SN0276.pdfOctober 27, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0276
Carolyn Hogwood Day Care
Clover Hill Magisterial District
11310 Dumaine Drive
REQUEST: Conditional Use to permit a family day care home in a Residential (R-7) District.
PROPOSED LAND USE:
The applicant is cunently operating a family day care home within an existing single family
residence without the requisite Conditional Use permit. The applicant is requesting a
Conditional Use to come into compliance with the Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSRS. GULLEY, CUNNINGHAM, MARSH AND SHEWMAKE.
ABSTENTION: MR. MILLER.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The family day care home should be compatible with surrounding residential development.
Family day care homes have been approved in other similar neighborhoods throughout the
County and have operated without any apparent adverse impact on area residences.
Through the Conditional Use process and acceptance of the proffered conditions, land use
compatibility with area residential development can be further ensured.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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.
This Conditional Use shall be granted to and for Carolyn Hogwood
exclusively and shall not be transferable nor run with the land. (P)
(STAFF/CPC) 2.
The number of children permitted at any one time shall not exceed twelve
(12), including children of residents of the dwelling located on the property
and of helpers/employees of the family day care home. Other than the
applicant and her immediate family members, the number of employees
involved in the operation at any one time shall be limited to no more than
one (1) person. (P)
(STAFF/CPC) 3.
There shall be no additions or alterations to the existing structure to
accommodate this use. (P)
(STAFF/CPC)
4. There shall be no signs permitted to identify this use. (P)
(STAFF/CPC)
Vehicles dropping offand picking up children shall park in the driveway.
(P)
(STAFF/CPC)
This use shall not be open to the public between the hours of 6:30 p.m.
and 6:00 a.m. (P)
GENERAL INFORMATION
Location:
11310 Dumaine Drive. Tax ID 743-687-7912 (Sheet 10).
2 99SN0276/WP/OCT27J
Existing Zoning:
R-7
Size:
0.4 acre
Existing Land Use:
Single family residential and a family day care home.
Adjacent Zoning & Land Use:
North, South, East and West - R-7; Single family residential
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along Dumaine Drive adjacent to the request
site. The existing structure 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 extending along Dumaine Drive, adjacent
to the request site. Use of the public wastewater system is required by County Code for any
additions to the existing structure. The existing structure is served by a private septic system and
no additions are planned. It is the intent of the applicant to continue to utilize the private septic
system.
Private Septic System:
The Health Depamnent must approve any new or expanded usage of the existing septic system.
ENVIRONMENTAL
Drainage and Erosion:
The proposed use will have no addkional impact on theses facilities.
3 99SN0276/WP/OCT27J
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Swift Creek Fire/Rescue Station, Company Number 16
and Manchester Rescue Squad. The proposed use will have minimal impact on fire/rescue services.
The applicant is advised to contact the Department of Building Inspections to inure compliance with
the Virginia Uniform Statewide Building Code based upon the proposed family child care use.
Transportation:
This use will have a minimal impact on the existing transportation network.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Plan suggests which
suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per
acre.
Area Development Trends:
The request property is located within Lake Genko Subdivision. Adjacent properties are zoned
residentially and are occupied by single family residences.
Site Design:
A plat submitted with the application depicts an existing single family residence located on the
request site with access to Dumaine Drive via an asphalt driveway. The backyard is enclosed by
a fence. Proffered Condition 3 would preclude any additions to the existing dwelling to
accommodate the use. Proffered Condition 4 would preclude any signs to identify the use.
CONCLUSIONS
As noted herein, the applicant is cunently operating a family day care home from the location and has filed
this Conditional Use request to come into compliance with the Ordinance. The Zoning Ordinance permits
the keeping of a maximum of five (5) children by right in a residential district. Approval of this request
would increase the number of children permitted to a maximum of twelve (12) at any one time. (Proffered
Condition 2)
4 99SN0276/WP/OCT27J
The proposed family day care home with the proffered conditions, should have no adverse impact on the
surrounding neighborhood. Similar family day care homes have been approved in other neighborhoods and
have operated without any apparent adverse impact on area residences. In addition, the applicant has
submitted a petition signed by ten (10) neighbors who do not oppose the Condkional Use. The proffered
conditions are similar to conditions imposed upon other family day care homes, and are designed to ensure
land use compatibility with existing area residential development (Proffered Conditions 1 through 6).
CASE HISTORY
Planning Commission Meeting (7/20/99):
On their own motion, the Commission deferred this case to September 21, 1999, to allow the
applicant, area property owner and the Clover Hill District Commissioner to meet and discuss this
case.
Staff (7/21/99):
The applicant was advised in writing that any significant new or revised information should be
submitted no later than July 26, 1999, for consideration at the Commission's September 21, 1999,
public hearing.
Staff (8/19/99):
To date, no new information has been received.
Applicant (9/21/99):
As a result of a neighborhood meeting, the applicant offered proffered conditions in lieu of the
recommended conditions outlined in the "Request Analysis". The proffers limk the Conditional Use
to the applicant only; restrict the number of children to a maximum of twelve (12) to include
children of the applicant and employees at any one time; restricts the number of employees, other
than the applicant and for immediate family, to a maximum of one (1) person at any one time;
prohibks additions or alteration to the structure to accommodate this use; prohibks signs; requires
vehicles to park in the driveway; and restricts the hours of operation.
5 99SN0276/WP/OCT27J
Planning Commission Meeting (9/21/99):
The applicant accepted the recommendation. There was opposition present. Concerns were
expressed relative to commercial encroachment into a residential area; traffic; noise and lack of
supervision of children.
Mr. Gulley indicated that the proffered conditions address the concems which had been expressed.
On motion of Mr. Gulley, seconded by Mr. Marsh, the Commission recommended approval of
this request and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Cunningham, Marsh and Shewmake.
ABSTENTION: Mr. Miller.
The Board of Supervisors, on Wednesday, October 27, 1999, beginning at 7:00 p.m., will take under
consideration this request.
6 99SN0276/WP/OCT27J
Case: 99SNO276
C.U.
Shee~: 10
(~E STORY
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DUMAINE
DRIVE
99SN0276
In Clover Hill Magisterial District, CAROLleR HOGWOOD DAY
CARE requested a Conditional Use and amendment of zoning
district map to operate a family day care home in a
Residential (R 7) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for medium density residential use of 1.51 to
4.0 units per acre. This request lies on .4 acre known as
11310 Dumaine Drive. Tax ID 743 687 7912 (Sheet 10).
Ms. Rogers presented a summary of Case 99SN0276 and stated
that the Planning Commission and staff recommend approval
and acceptance of the proffered conditions.
Ms. Carolyn Hogwood, the applicant, stated that the
recommendation is acceptable.
Ms. Wendy Clark stated that she supports Ms. Hogwood's
request and provided an overview of the conditions of the
day care facilities.
Ms. Sharon Talley, Ms. Hogwood's employee, stated that she
supports the day care request and provided information
regarding the property and the operation of the day care.
Ms. Margaret Emmons, adjacent neighbor, stated that she
supports the request and stated that she experiences no
noise, safety or traffic problems.
Ms. Leann Rohlk, parent, stated that she supports the day
care and stated that there are no traffic concerns and
appreciates the service Ms. Hogwood provides.
Mr. Jesse Smith, neighbor, stated that he is opposed to the
day care. He stated that the neighborhood is not designed
for a day care facility.
Ms. Radigundes Smith, neighbor, spoke against the day care
facility. She expressed concerns with the number of
children at the facility, the noise factor and feels the
10/27/99 99 863
neighborhood is not appropriate for a day care facility.
Mr. Carl Riggle, neighbor, spoke against the rezoning due to
traffic and safety concerns.
Ms. Hogwood readdressed the Board regarding the parking,
traffic and noise concerns, which have been addressed in the
conditions.
There being no one else to speak to the case, the public
hearing was closed.
There was brief discussion relative to the potential that
approval of the request could set a precedent for other
business uses within the neighborhood.
In response, Mr. Jacobson noted that policies are in place
to address this concern.
After discussion, on motion of Mr. Warren, seconded by Mr.
Barber, the Board approved Case 99SN0276 and accepted the
following proffered conditions:
1
3
4
5
6
7
Ayes
Nays
This Conditional Use shall be granted to and for
Carolyn Hogwood exclusively and shall not be
transferable nor run with the land. (P)
The number of children permitted at any one time shall
not exceed twelve (12), including children of residents
of the dwelling located on the property and of
helpers/employees of the family day care home. Other
than the applicant and her immediate family members,
the number of employees involved in the operation at
any one time shall be limited to no more than one (1)
person. (P)
There shall be no additions or alterations to the
existing structure to accommodate this use. (P)
There shall be no signs permitted to identify this use.
(P)
Vehicles dropping off and picking up children shall
park in the driveway. (P)
This use shall not be open to the public between the
hours of 6:30 p.m. and 6:00 a.m. (P)
There shall be no day care operation on Saturday or
Sunday. (P & CPC)
: Daniel, Warren, Barber, Humphrey, and McHale
10/27/99 99 864