99SN0292.pdfNovember 23, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0292
Wee Folks Nursery, Inc.
Dale Magisterial District
6200 Hopkins Road
REOUEST: Amendment to Special Exception, Case (73A184) relative to hours of operation of a child
care center.
(Note: In 1973, a Special Exception was required to operate a child care center in a
residential district. The Ordinance has been amended to require a Conditional Use.
Therefore, any amendments to the Special Exception originally granted must be approved
through the Planning Commission and Board of Supervisors.)
PROPOSED LAND USE: Continued operation of an existing child care center is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2. RECOMMEND
THAT THE PROFFERED CONDITION ON PAGE 2 NOT BE ACCEPTED.
STAFF RECOMMENDATION
The original conditions of approval were negotiated between the applicant and area property owners.
After consideration of public input, should the Commission and Board wish to approve this amendment,
imposition of the condition and acceptance of the proffered condition would be appropriate.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(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.)
CONDITION
(STAFF/CPC)
Except as stated heroin, this use shall not be open to the public earlier than 6:30
a.m. to no later than 7:30 p.m. Monday through Saturday. The use shall not be
open to the public on Sunday. However, if the following requirement is met this
use shall not be open to the public earlier than 6:00 a.m. to no later than 7:30 p.m.
Monday through Saturday. The use shall not be open to the public on Sunday.
A six (6) foot high solid board fence shall be installed along the southern
property line from a point as close as possible to Hopkins Road, so as not
to interfere with sight distance for vehicles enter'rog and exiting the
property westward, to the existing chain link fence which parallels
Hopkins Road. The exact design of the fence shall be approvedby the
Planning Depamnent provided that the fence shall have a residential
design. (P and CPC)
(Note: This condition supersedes Condition 3 of Case 73A184. All other
conditions of Case 73A 184 remain in effect.)
PROFFERED CONDITION
Landscaping consisting of Ligustrumjaponicum shall be installed along the southern property
boundary as shown on the Plan entkled Landscaping Plan, attached to the "Request Analysis and
Recommendation". This landscaping shall be installed during the Fall 1999 planting season. (P)
GENERAL INFORMATION
Location:
Southwest quadrant of Hopkins Road and Little Creek Lane and is known as 6200 Hopkins
Road. Tax ID 780-683-9623 (Sheet 12).
Existing Zoning:
R-7 with a Special Exception
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Size:
1.0 acre
Existing Land Use:
Commercial
Adjacent Zoning & Land Use:
North - R-7; Public/Semi-Public (Hopkins Elementary School) or vacant
South - R-7; Vacant
East - R-7; Single family residential or vacant
West - R-7; Single family residential
UTILITIES
Public Water and Wastewater System:
The existing child care facility is connected to the public water and wastewater systems. The
proposed change in hours of operation will not impact these facilities.
ENVIRONMENTAL AND PUBLIC FACILITIES
Drainage and Erosion; Fire Service; and Transportation:
The requested change in the hours of operation will have no impact on these facilkies.
LAND USE
Comprehensive Plan:
Lies with the boundaries of the Central Area Plan which suggests the property is appropriate for
single family residential use of 2.51 to 4.0 dwelling units per acre. The Plan recommends
maintaining the suburban residential appearance of this portion of Hopkins Road which providing
for appropriate transitional uses towards the commercial development located at the intersection
of Hopkins Road and Meadowdale Boulevard. Generally, the Plan supports maintaining the
residential character within the Hopkins Road Corridor.
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Area Development Trends:
Area properties are currently zoned for single family residential use and have been developed for
such uses or remains vacant. The Plan suggests that the adjacent properties to the east, west and
south are appropriate for residential use. The area to the north of Little Creek Lane is suggested
for a mixture of residential and office uses and is currently developed as a public elementary school
(Hopkins Elementary) or is vacant.
Zoning History and Current Request:
On September 5, 1973, the Board of Zoning Appeals approved a Special Exception to operate
a child care center on the property (Case 73A184). Case 73A184 was approved with a condition
limiting the time children could be cared for to between 6:30 a.m. and 7:30 p.m., Monday through
Saturday.
As a result of the complaint regarding problems associated with headlights of vehicles entering and
existing the site, k was determined that the applicant was operating beyond the hours that were
permitted by the original Special Exception. Upon notification of the problem, the applicant
requested this amendment.
Landscaping/Fencing:
As noted, a concern was expressed regarding headlights from motor vehicles visking the request
site projecting into properties to the south. The applicant has indicated that if this request is
approved, landscaping will be installed as shown on the attached "Landscaping Plan". The
proposed landscaping will not provide any initial minimization of the view of headlights from the
south. However, the proposed species is relatively fast growing and will eventually provide a
hedge row which will somewhat minimize headlight intrusion into properties to the south.
(Proffered Condition)
After public hear'mg, the Commission did not recommend acceptance of the proffered condition,
but rather recommended imposition of a condition which would require installation of a fence if the
hours of operation are extended.
It was the general consensus of the Commission that the proposed landscaping outlined in the
Proffered Condition would provide little, if any, assistance in minimizing headlight intrusion into
properties to the south. Therefore, the Commission agreed to recommend that the opening hours
could be extended to 6:00 a.m. only if a slx (6) foot solid board fence is installed along the southem
property boundary generally adjacent to the existing parking area. Until such a fence is installed,
the hours of operation would be limited to that agreed to through the original zoning case.
(Condition)
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CONCLUSIONS
The original conditions of approval were negotiated between the applicant and area property owners.
After consideration of public input, should the Commission and Board wish to approval this amendment,
imposition of the condition and acceptance of the proffered condition would be appropriate. Should the
Commission and Board wish to provide some assurances that not only the adjacent property to the south,
but also the properties further to the south are somewhat protected from headlight intrusion, an alternative
would be to not accept the proffered condition and impose the following condition in addition to the
condition stated herein.
Possible Alternative Condition to the Proffered Condition:
To reduce the visibility of motor vehicle headlights projecting into the properties to the south lying
between the subject property and Watchrun Drive, additional landscaping shall be provided along
the southem property line of the request site for a depth of at least one hundred (100) feet from the
ultimate right-of-way from Hopkins Road.
The landscap'mg shall be of a species, type and spacing sufficient to reduce the visibility and glare
of the vehicle headlights. A plan depicting this requirement shall be submitted to the Planning
Department for review and approval within 30 days of the approval of the zoning request. The
approved landscaping shall be installed dur'mg the 1999 Fall planting season.
CASE HISTORY
Planning Commission Meeting (7/20/99):
On their own motion, the Commission deferred this case to September 21, 1999.
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.
Applicant (9/8/99):
A revised proffered condition was submitted.
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99SN0292/WP/NOV23H
Planning Commission Meeting (9/21/99):
The Commission, on their own motion, deferred this case to October 19, 1999, to allow an
opportunity for staff, the applicant and opposition to meet and discuss the proposal.
Staff(9/22/99):
The applicant was advised in writing that any significant new or revised information should be
submitted no later than September 27, 1999, for consideration at the Commission' s October public
hear'rog.
Staff (9/30/99):
A meeting with the opposition has been scheduled for October 7, 1999. Staff will advise the
Commission of the results of that meeting prior to or at the October hearing.
Planning Commission Meeting (10/19/99):
The applicant did not accept the recommendation. There was opposition present. Concems were
expressed relative to headlight intrusion into properties to the south and that the landscaping
proposed by the proffered condition would not address this concern.
Mr. Miller indicated that he too felt the landscaping proposed by the proffered condition would not
minimize headlight intrusion into properties to the south. He indicated that a compromise would
be to allow earlier morning openings only ifa fence is installed along the southern boundary
generally adjacent to the parking area. (Condition)
The applicant expressed concern that a fence would not be architecturally compatible with the
building and difficult to maintain.
On motion of Mr. Miller, seconded by Mr. Gulley, the Commission recommended approval of this
request subject to the condition on page 2. The Commission recommended that the proffered
condition on page 2 not be accepted.
AYES: Unanimous.
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The Board of Supervisors, on Tuesday, November 23, 1999, beginning at 7:00 p.m., will take under
consideration this request.
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',ase: 99SN£
Amend C.U.
Sheet~: 12
N
99SN0292
In Dale Magisterial District, WEE FOLKS NI3RSERY, INC.
requested amendment to Special Exception (Case 73A184) and
amendment of zoning district map to amend the hours of
operation for a day care center. 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 2.51 to 4.0
units per acre. This request lles in an Agricultural (A)
District on 1.0 acre known as 6200 Hopkins Road. Tax ID
780 683 9623 (Sheet 12).
Ms. Rogers presented a summary of Case 99SN0292 and stated
that the Planning Commission recommends approval subject to
one condition. She further stated that the Planning
Commission recommends that the proffered condition requiring
installation of shrubbery along the parking area's southern
boundary not be accepted and that a condition be imposed
requiring a fence along the southern edge of the parking
area. She stated that there has been discussion with the
applicant today and a third alternative would be for the
Board to impose a condition to reroute the traffic flow into
the site from Hopkins Road by entering at the southernmost
access and exiting at the northernmost access which would
minimize headlight intrusion to neighbors.
Mr. Jim Evans, representing the applicant, stated that, when
the original application was submitted, a 6:30 a.m. time
opening was imposed as a condition to the application. He
further stated that, approximately fifteen years ago, the
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99 911
owner began to open at 6:00 a.m. because of a need in the
community, unintentionally violating the County's
requirements. He stated that, when the owner was notified
of the violation, she attempted to correct the problem by
submitting a new application. He further stated that the
applicant is suggesting a new condition changing the access
to Hopkins Road in an effort to alleviate interference from
headlights to the subdivision across the vacant lot. He
referenced a petition signed by 155 citizens who have no
objection to the earlier opening time and a letter from an
adjacent landowner who has never had a problem with noise or
headlights and has no objection to the 6:00 a.m. opening
time. He presented two pictures showing the proposed
entrance and exit and stated that the rerouting should
alleviate the headlight intrusion issue.
Mr. William Grohursky, adjacent landowner, stated that he
originally proposed rerouting the traffic flow. He further
stated that he now feels there is no diligent way to enforce
the change and that a fence should be installed to prevent
headlight intrusion.
There being no one else to speak to the Case, the public
hearing was closed.
Mr. Evans stated that there is more than 150 feet between
the edge of day care center and Mr. Grohursky's home. He
further stated that the property owner does not feel a fence
would be appropriate at the day care center and that she
offered to install a fence on Mr. Grohursky's property. He
stated that he feels the traffic pattern change will not
present a problem.
When asked, Mr. McCracken stated that the alternative
traffic pattern presents no safety concerns.
After brief discussion, Mr. Daniel made a motion, seconded
by Mr. Barber, for the Board to approve Case 99SN0292
subject to the following conditions:
1. The child care center shall not be open to the public
between the hours of 7:30 p.m. and 6:00 a.m. Monday
through Saturday. The child care center shall not be
open to the public on Sunday. (P)
(NOTE: This condition supersedes Condition 3 of Case
73A184. Ail other conditions of Case 73A184 remain in
effect.)
2. Accesses to Hopkins Road shall be designated as a one
way access system, as follows. The southernmost access
shall be designated and signed as an entrance only and
the northernmost access shall be designated and signed
as an exit only. (P)
further, the Board accepted the following proffered
And,
condition:
Landscaping consisting of Ligustrum japonlcum shall be
installed along the southern property boundary as shown on
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99 912
the Plan entitled Landscaping Plan, attached to the
Analysis and Recommendation". This landscaping
installed during the Fall 1999 planting season. (P)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
shall be
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